Consaul v. Loennecker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This is a contest over the will of J ohanna Loennecker, a widow, who made her will February 6,1892, giving her son, Charles, the contestant, $5, and' dividing the balance of her estate, amounting to about $8,000, equally between her two daughters, Louise and Minnie. She died March 24,1900, aged sixty-two years; her three okildren being all adults and married.
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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This is a contest over the will of J ohanna Loennecker, a widow, who made her will February 6,1892, giving her son, Charles, the contestant, $5, and' dividing the balance of her estate, amounting to about $8,000, equally between her two daughters, Louise and Minnie. She died March 24,1900, aged sixty-two years; her three okildren being all adults and married. When the will was presented for probate in the county court of Milwaukee county, Charles contested the same on the ground of undue…
1Opinion of the CourtWinslow, J.
By the judgment in this case the deliberately executed will of a person of full age, sound mind, and fairly good health is set aside on the ground of undue influence, without a shred of direct evidence from any person that any such influence was exerted. The only evidence which, under any view of the case, can be claimed to justify the judgment, is the evidence of several witnesses to the effect that the testatrix stated, previous to the execution of the will and afterwards, that her daughters illtreated her and that she was obliged to make the will as she did because she was afraid of them.…
2Cases cited3 opinions
- Disch v. TimmWisconsin Supreme Court · 1898
- Fox v. MartinWisconsin Supreme Court · 1899
- Doyle v. WelchWisconsin Supreme Court · 1898
3Cited by20 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Patterson v. JensenWisconsin Supreme Court · 1944
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Boardman v. LorentzenWisconsin Supreme Court · 1914
- Winn v. ItzelWisconsin Supreme Court · 1905
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