Legal Opinion

Estate of McGonigal

Wisconsin Supreme Court

Decided March 3, 1970No. 88PublishedCited by 15 opinions

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

  1. Patterson v. JensenWisconsin Supreme Court · 1944
  2. Schaefer v. ZiebellWisconsin Supreme Court · 1932
  3. Gevers v. SchwarzWisconsin Supreme Court · 1932
  4. Cooper v. ZoldWisconsin Supreme Court · 1965
  5. Estate of PhillipsWisconsin Supreme Court · 1961

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In Matter of Estate of DejmalWisconsin Supreme Court · 1980
  2. In Matter of Estate of BeckerWisconsin Supreme Court · 1977
  3. In Re Estate of GlassWisconsin Supreme Court · 1978
  4. Estate of Hamm v. JenkinsWisconsin Supreme Court · 1975
  5. In Re Estate of KamesarWisconsin Supreme Court · 1977

10 more not listed; retrieve them via the Exa API.

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