Will of Ball v. Boston
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oneida county: A. JI. Reid- Circuit Judge. Action involving tbe validity of a will. In due proceeding in tbe county court of Oneida county for tbe establishment of an instrument proposed as tbe last will and testament of William Francis Ball to be sucb will in fact, tbe petition tberefor was denied.
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Appeal from a judgment of tbe circuit court for Oneida county: A. JI. Reid- Circuit Judge. Action involving tbe validity of a will. In due proceeding in tbe county court of Oneida county for tbe establishment of an instrument proposed as tbe last will and testament of William Francis Ball to be sucb will in fact, tbe petition tberefor was denied. An appeal from sucb decision was taken to tbe circuit court for sucb county, resulting in an affirmance thereof, based on findings to this effect: 1. September 24, 1911, Mr. Ball died, aged seventy years and past. 2. His wife survived, also a…
1DissentBabNEs, J.
In the opinion of the court it is in substance said that to exert undue influence over a person who is about to make a will amounts to the perpetration of a fraud, actual or constructive; that such fraud must be established by clear and satisfactory evidence; that the trial court acted upon the theory that the use of undue influence might be established by a preponderance of the evidence only; and that the judge having acted on a wrong conception of the law in arriving at his conclusions on the facts, the rule that findings of fact will not be disturbed unless against the clear preponderance…
2Cases cited16 opinions
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
- Small v. ChampenyWisconsin Supreme Court · 1899
- Smith v. HenlineIllinois Supreme Court · 1898
- Will of SlingerWisconsin Supreme Court · 1888
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