Wicker v. Gundelach

The test for testamentary capacity, as it is applied in Wisconsin, 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. The rule, as generally stated, is:

“The test is not whether the testator did the best or the wisest or the theoretically just thing in his will; but, Did he have sufficient active memory to collect in his mind and comprehend, .without prompting, the condition of his property; his relations to his children and other persons who might properly be his…