DeThorne v. Gibson

Because I conclude that the circuit court incorrectly applied the law to the facts of this will execution case, I dissent.

The circuit court concluded that the assistance provided Robert DeThorne in executing his will vitiated his execution, under Estate of Komarr, 46 Wis. 2d 230, 236-38, 175 N.W.2d 473, 476-77 (1970), cert. denied, 401 U.S. 909 (1971). However, Komarr involved a testatrix who was physically unable to write her signature. The court stated the rule as follows:

We think that where one fails or is unable to in any manner expressly authorize another to sign for him, the statute's…