Estate of McGonigal
Wisconsin Supreme Court
1Opinion of the CourtWilkie, J.
The four elements which must be established by the objector in order to void a will for undue influence have been stated by this court many times. In the recent case of Estate of Brehmer, 1 these elements, which must be proved by clear and convincing evidence, were listed in capsule form as:
“Susceptibility — a person who is susceptible of being unduly influenced by the person charged with exercising undue influence.
“Opportunity — the opportunity of the person charged to exercise such influence on the susceptible person to procure the improper favor.
Disposition — a disposition on the part of…
2Cases cited14 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Schaefer v. ZiebellWisconsin Supreme Court · 1932
- Gevers v. SchwarzWisconsin Supreme Court · 1932
- Cooper v. ZoldWisconsin Supreme Court · 1965
- Estate of PhillipsWisconsin Supreme Court · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Matter of Estate of DejmalWisconsin Supreme Court · 1980
- In Matter of Estate of BeckerWisconsin Supreme Court · 1977
- In Re Estate of GlassWisconsin Supreme Court · 1978
- Estate of Hamm v. JenkinsWisconsin Supreme Court · 1975
- In Re Estate of KamesarWisconsin Supreme Court · 1977
10 more not listed; retrieve them via the Exa API.