No. 746 (1974).

72 Wis.2d 8 (1976)

239 N.W.2d 528

IN RE ESTATE OF CHRISTEN: BETHESDA CHURCH, proponent of the August 22, 1973 will of Mary Christen, deceased, Appellant, v. MENNING, and others, objectors, Respondents.

Supreme Court of Wisconsin.

Decided March 18, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by Carroll E. Metzner, Earl H. Hazeltine and Aberg, Bell, Blake & Metzner, S. C. of Madison, and oral argument by Carroll E. Metzner.

For the respondent there was a brief by Hamilton & Mueller of Dodgeville, and James L. Schmitt of Verona, and oral argument by Frank D. Hamilton.


Three issues are presented on this appeal:

1. Does the dead man's statute, sec. 885.16, Stats., also bar testimony of the spouse of a witness who is incompetent to testify under its limitations?

2. Is the trial court's finding of undue influence against the great weight and clear preponderance of the evidence?

3. Should the unsuccessful proponents of this will be awarded reimbursement from...

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