Zillmer v. von Briesen

The objectors, who are appellants here, are the adopted children of the late brother of the deceased. They will take the estate if there is an intestacy. They have concentrated their attack on the judgment on an argument that the evidence was insufficient to overcome the presumption that Dr. Zillmer destroyed her will with the intention of revoking it. This presumption arose from the fact that the will could not be found. The presumption drops out when evidence is introduced which, if uncontradicted, is sufficient to support a finding. Estate of Fonk (1971), 51 Wis. 2d 339, 187 N. W. 2d 147.…