158 Wis. 142 | Wis. | 1914
The following opinion was filed May 21, 1914:
We are unable to find any testimony in the record which supports the finding of mental incompetency. Some expressions of opinion were given, but no fact at all persuasive was testified to which would indicate that the mind of the testator was not in a sufficiently sound condition to enable him to make a will. The evidence tending to show testamentary capacity was quite strong and convincing.
The case is somewhat closer on the question of undue in
Tbe net value of tbe estate was about $5,000. One half of it was given absolutely to tbe widow. With the exception of $100 given to one of them, no provision was made for tbe three daughters. They were all married, but tbe evidence fails to disclose their circumstances. Tbe testimony showed that there bad been something of a quarrel between Ole and bis mother a short time before tbe will was made and that it was because of this quarrel tbe mother came to Madison to stay with one of her daughters for a short time. Tbe mother testified that Ole bad threatened to send her to tbe insane asylum, and one of tbe daughters testified to substantially tbe same effect. Tbe mother testified that tbe reason Ole was mad at her was because “be wanted to have everything alone and I wanted tbe girls to have something too. He wanted to have tbe farm and I wanted something and I wanted the girls to have something.” .This is tbe only testimony which directly tends to show a disposition on tbe part of Ole to unduly influence bis father in making tbe will.
One of tbe daughters bad resided in Madison for twenty years or more. Another bad been married for twelve years and resided within a few miles of her father. It does not appear just bow long tbe third one bad been away from home.
A case of undue influence is made out where it is shown (1) that tbe testator was subject to such influence; (2)- that tbe opportunity to exercise it existed; (3) that there was a disposition to exercise it; and (4) that tbe result appears to
By the Court. — Judgment reversed, and cause remanded with directions to affirm the order of the county court admitting the will to probate.
A motion for a rehearing was denied, with $10 costs, on October 6, 1914.