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IN MATTER OF ESTATE OF VOREL

No. 81-274.

105 Wis.2d 112 (1981)

312 N.W.2d 850

IN the MATTER OF the ESTATE OF Louis VOREL, deceased: Donald A. MILLER, Proponent-Appellant, v. Frank VOREL, Joseph Vorel and Jeanette Talpai, Objectioners-Respondents.

Court of Appeals of Wisconsin.

Decided October 13, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Richard J. Krueger and Krueger, Leege & Delforge of Oconto.

For the respondents the cause was submitted on the brief of Leslie L. Johnson and Thorson, Davies & Johnson of Delavan.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

In this will contest, the trial court denied probate and declared the will void because of the undue influence of the beneficiary, Donald Miller. Miller appeals, contending that the trial court improperly applied the dead man statute, sec. 885.16, Stats., to exclude evidence after the protection of that statute had been waived, and that the findings and conclusions of the trial court are contrary to the great weight...

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