Mueller v. Gaudynski

This case presents no new questions of law but only the application of well-established law governing testamentary capacity and undue influence to the facts.

Testamentary Capacity.

The test for testamentary capacity in this state was originally taken from Delafield v. Parish (1862), 25 N. Y. 9. See Holden v. Meadows (1872), 31 Wis. 284. The rule has been stated in essentially the same form in many cases but generally as stated in Will of Wicker (1961), 15 Wis. 2d 86, 88, 112 N. W. 2d 137:

“The test is not whether the testator did the best or the wisest or the theoretically just .thing in his…