WILL OF COOPER


28 Wis.2d 391 (1965)

WILL OF COOPER: COOPER, Objector and Appellant, v. ZOLD, Proponent and Respondent.

Supreme Court of Wisconsin.

October 5, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief by Melli, Smith & Shiels of Madison, and oral argument by Robert W. Smith.

For the respondent there was a brief by La France, Thompson, Greenquist, Evans & Dye, attorneys, and Kenneth L. Greenquist and Adrian P. Schoone of counsel, all of Racine, and oral argument by Kenneth L. Greenquist.


HALLOWS, J.

The main issue is whether the court's failure to find undue influence on the part of the primary beneficiary was contrary to the great weight and clear preponderance of the credible evidence. A corollary issue is whether the trial court failed to recognize the inference of undue influence which the appellant claims was established as a matter of law by undisputed evidence. There are minor subsidiary issues which will be stated later.

The parties...

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