Fillar v. Estate of Fillar

The present proceeding to discover assets of a deceased person and to procure from the county court an appropriate order when such a discovery is made is authorized by sec. 312.06, Stats.

By a finding of ultimate fact (finding 18) the county court determined:

“(18) That George Filiar exercised undue influence upon his father, John Filiar, in securing the sum of $5,830.33 from said John Filiar and that said sum is an asset of the estate of John Filiar, deceased.”

The judgment ordered George Filiar to make restitution of $5,830.33 to the estate of John Filiar. George Filiar appeals, contending…