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GITTEL v. ABRAM

No. 01-1132.

255 Wis.2d 767 (2002)

2002 WI App 113

649 N.W.2d 661

IN RE the ESTATE OF Nickolas J. PERSHA, Deceased: Mary J. GITTEL, Appellant-Cross-Respondent, v. Ruth M. ABRAM, Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided April 25, 2002.

Attorney(s) appearing for the Case

On behalf of the appellant-cross-respondent, the cause was submitted on the briefs of Charles H. Barr of Croen & Barr LLP, Milwaukee, and Thomas C. Wilkoski of Lucas & Wilkoski, West Allis.

On behalf of the respondent-cross-appellant, the cause was submitted on the briefs of Christopher J. Blythe of Lawton & Cates, S.C., Madison.

Before Vergeront, P.J., Dykman and Lundsten, JJ.

¶ 1. VERGERONT, P.J.

This appeal arises out of a contest over the will of Nickolas Persha. Ruth Abram, the only beneficiary under the will and the personal representative, sought to have the will admitted to probate. One of Persha's siblings, Mary Gittel, objected on the grounds that Persha lacked testamentary capacity to make a will and the will was the result of Abram's undue influence. The trial court ruled that...

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