1. Home
  2. Browse Decisions
  3. Wis.2d
  4. 46 Wis.2d
  5. 46 Wis.2d 393 (1970)
 

ESTATE OF GAUDYNSKI

No. 94.

46 Wis.2d 393 (1970)

175 N.W.2d 272

ESTATE OF GAUDYNSKI: MUELLER and others, Appellants, v. GAUDYNSKI and others, Respondents.

Supreme Court of Wisconsin.

Decided March 31, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Bernard F. Mathiowetz of Milwaukee.

For the respondent Lucille Gaudynski there was a brief and oral argument by Alfred Rozran of Milwaukee.

For the respondent James R. Wartinbee, Sr., executor, there was a brief by Charne, Glassner, Tehan, Clancy & Taitelman, and oral argument by Albert Solochek, all of Milwaukee.

For the respondent guardian ad litem there was a brief and oral argument by Earl M. Wanecek of Milwaukee.

HALLOWS, C. J.

This case presents no new questions of law but only the application of well-established law governing testamentary capacity and undue influence to the facts.

Testamentary Capacity.

The test for testamentary capacity in this state was originally taken from Delafield v. Parish (1862), 25 N.Y. 9. See Holden v. Meadows (1872), 31 Wis. 284. The rule has been stated in essentially...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases