Ruedisili v. Henkey

This court is committed to the doctrine of dependent relative revocation. Estate of Eberhardt (1957), Wis. (2d) 439, 85 N. W. (2d) 483, and Estate of Callahan (1947), 251 Wis. 247, 29 N. W. (2d) 352. The usual situation for application of this doctrine arises where a testator executes one will and thereafter attempts to revoke it by making a later testamentary disposition which for some reason proves ineffective. In both the Eberhardt and Callahan Cases, however, the doctrine was applied to the unusual situation in which a testator revokes a later will under the mistaken belief that by so…