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IN MATTER OF ESTATE OF FRIEDLI

No. 91-0209.

164 Wis.2d 178 (1991)

473 N.W.2d 604

IN the MATTER OF the ESTATE OF Aurelia FRIEDLI, deceased: Marcella HOEFT, Objector-Appellant, v. Robert FRIEDLI, Respondent, NORWEST TRUST & INVESTMENT COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided July 31, 1991.

Attorney(s) appearing for the Case

On behalf of the objector-appellant, the cause was submitted on the briefs of Carl K. Buesing of Halvorsen & Buesing of Sheboygan.

On behalf of the respondent, the cause was submitted on the brief of John E. Raftery of Hopp, Hodson, Powell & Raftery of Sheboygan.

Before Nettesheim, P.J., Brown and Scott, JJ.

BROWN, J.

This is a will contest case in which Marcella Hoeft, a sister of the deceased, claimed that a brother, Robert Friedli, unduly influenced the deceased into changing a will. Wisconsin recognizes two alternative means for proving undue influence—a two-element test and a four-element test. Marcella advanced both tests, but the trial court found against her.

Because Marcella proved that a fiduciary relationship existed between Robert and the deceased...

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