ESTATE OF VELK

No. 181.

53 Wis.2d 500 (1972)

192 N.W.2d 844

ESTATE OF VELK: VELK and others, Appellants, v. LEWANDOWSKI and another, Respondents.

Supreme Court of Wisconsin.

Decided January 4, 1972.


Attorney(s) appearing for the Case

For the appellants there were briefs by Ben Lewis of Milwaukee, for Leonard Velk and Harry Velk, and by Walther, Halling & Conmey of Milwaukee, for John Rozanski, Margaret Rozanski, Barbara Wahlen, James Rozanski, and Elizabeth Rozanski, attorneys, and David L. Walther and F. M. Van Hecke, both of Milwaukee, of counsel, and oral argument by Mr. Lewis and Mr. David L. Walther.

For the respondents there was a brief and oral argument by Mark M. Camp of Wauwatosa.


BEILFUSS, J.

The issue is whether the two conclusive findings of the trial court, namely, that the testator did not lack testamentary capacity and that the will was not the result of undue influence are against the great weight and clear preponderance of the evidence. The objectors claim that a presumption that the testator lacked testamentary capacity arises from the facts and that this presumption has not been rebutted or overcome; they also claim a fiduciary relationship...

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