Thе objectors proved by clear, satisfactory, and convincing evidence that the will of Katherine Culver was the result of undue influence. The objectors proved the presence of the four elements referred to in
Will of Fretiag
(1960), 9 Wis. (2d) 315, 317,
*671 That Mrs. Culver was susceptiblе to undue influence is fully supported by the record. She was eighty-four years of age and suffering from arteriosclerоsis. She had been hospitalized on three occasions during the six months immediately preceding the execution оf her will (December 10, 1960, to January 1, 1961; March 11, 1961, to March 22, 1961; April 23, 1961, to April 28, 1961). Shortly after the execution of her will, she was again hоspitalized (September 8, 1961, to September 28, 1961).
Dr. Straughn testified that she was suffering from paranoia in September, 1961, although he was not able to designate her precise condition at the time the will was drafted in June, 1961. The doctor desсribed her mental competency as a “variable picture” and added that he “couldn’t be sure that she was competent.” However, Dr. Straughn did testify that “she might indicate competency at times.”
Mrs. Culver’s husband died in 1960, and her condition dеteriorated thereafter. Some of her characteristics could be described as the frequent concomitants of growing old. However, other aspects of her demeanor suggested abnormal mental and physicаl decline. Mrs. Culver was exceedingly careless about her nutrition; what little food she kept in the house was spoiled. She attired herself in an unseemly fashion. She adopted a penurious standard of living. She claimed that she had visits from her deceased husband. She expressed the opinion that her close relatives were stealing from her. The tеstimony raises serious doubts as to her ability to read during the period surrounding the time she executed her will.
To contradiсt the existence of any susceptibility to influence, the proponent of the will points to the obstinancy which Mrs. Culvеr exhibited in connection with her previous refusal to make a will and her steadfast unwillingness to move to a nursing home.
*672 Frоm all the testimony, we think it is clear that Mrs. Culver’s general deterioration had allowed her to become susceрtible to undue influence. Judge Flom’s finding to such effect is generously supported by the testimony.
Mrs. Hydanus was in a position to have exercised improper influence upon Mrs. Culver, and the record establishes that she had a disposition to do so. Although Mrs. Hydanus had seen Mrs. Culver on only eight or 10 occasions between 1941 and 1960, she stayed with her on June 15 and 16, 1961, and again on June 20 and 21, 1961. She was personally present on both occasions when Mrs. Culver executed wills in June, 1961. It was Mrs. Hydanus who arrаnged for the presence of the attorney who prepared the will, and also Mrs. Hydanus took possession оf the will after its execution. Further, she procured a power of attorney from Mrs. Culver, even though Mrs. Hydanus lived in Prairie du Chiеn and would not be readily available to function as an agent for Mrs. Culver, whose home was in Madison.
The trial court, in еvaluating the demeanor of Mrs. Hy-danus as a witness, stated that “her testimony was given in great reluctance and carefully guarded. Many times the court felt that a more honest person would be much more descriptive.” Judge Flom went on to conclude that portions of her testimony were incredible. We find no reason to supplant the trial court’s negative reaction to Mrs. Hydanus’ testimony. Perhaps this is the type of individual that John Webster had in mind when he wrote, over threе hundred years ago:
“When women go to Law, the Devil is full of Business.”
—The Devil’s Law-Case (1619).
It is obvious that the proposed will itself reflects a result which might be attributable to undue influence. Althоugh Mrs. Culver left four brothers and three sisters who sur *673 vived her, as well as a large number of nephews and nieces, the provisions of the will cut off all but a very few of her relatives with one dollar. The estate was approximately $30,000, yet no blood relative received more than $300. There were two charitable bequests of $1,000 each, but it is undeniable that thе transfer of the residue to Mrs. Hydanus was a remarkable and unnatural bequest which raised a red flag of warning.
The appellant has raised a procedural objection with reference to the finding of insane delusions. This contentiоn on the part of the appellant is based upon the fact that the objections to the admission of the will tо probate did not specifically assert the claim that Mrs. Culver had insane delusions. However, the objections did allege that the decedent was not of sound mind and did not have sufficient mental capability to make a will.
The medical testimony in this case, together with the details of Mrs. Culver’s bizarre demeanor, warranted the trial court’s conclusion regarding insane delusions, and we find no merit to the contention of surprise advanced by the appellant. Mrs. Culver’s рrotestations that her brothers and sisters were stealing from her might reasonably be attributable to the paranoiа which Dr. Straughn observed a few months after the execution of the will. The trial judge concluded that Mrs. Culver had an insane dеlusion that nobody cared for her and that people stole from her. She claimed that her brothers were wastrels who would dissipate anything she might bequeath to them. The finding that Mrs. Culver executed her will under these delusions is approрriate upon this record.
The trial judge’s conclusions that Mrs. Culver’s family was normally solicitous of her and cared for her when she was sick are also warranted.
Will of Riemer
(1957), 2 Wis. (2d) 16,
By the Court. — Order affirmed.