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ESTATE OF VON RUDEN

No. 28.

55 Wis.2d 365 (1972)

198 N.W.2d 583

ESTATE OF VON RUDEN: FISCHBACH and others, Appellants, v. KNUTSON, Executor, Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Johns, Flaherty, Harman & Gillette and Daniel T. Flaherty, all of La Crosse, and oral argument by Daniel T. Flaherty.

For the respondent there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

CONNOR T. HANSEN, J.

We have examined and considered the extensive record and agree with the trial court that the proof was not sufficient to support either a finding of incompetence or undue influence. Therefore, we will not extensively discuss the evidence.

The testator suffered from cerebral arteriosclerosis and arteriosclerotic heart disease which began in 1960 and was evidenced by syncope, or fainting spells. As a result of this condition, he was hospitalized...

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