Legal Opinion

Estate of Fuller

Wisconsin Supreme Court

Decided February 5, 1957PublishedCited by 12 opinions

1Opinion of the CourtBrown, J.

We recognize that the findings of the trial court must be affirmed unless contrary to the great weight and clear preponderance of the evidence and undue influence is not to be proved but by clear, convincing, and satisfactory evidence. Estate of Miller (1953), 265 Wis. 420, 425, 61 N. W. (2d) 813, and cases there cited. Will of Winnemann (1956), 272 Wis. 643, 645, 76 N. W. (2d) 616. The credibility of witnesses and the weight to be given their testimony are matters for the trial court. Will of Winnemann, supra. So are the inferences to be drawn from the evidence.

Many witnesses testified that…

2Cases cited5 opinions

  1. Kirch v. KrainovichWisconsin Supreme Court · 1943
  2. Brandon v. HagenWisconsin Supreme Court · 1953
  3. Schoen v. Van HogenWisconsin Supreme Court · 1953
  4. Winnemann v. WinnemannWisconsin Supreme Court · 1956
  5. Wagner v. WegnerWisconsin Supreme Court · 1925

3Cited by12 opinions

  1. Freitag v. SolversonWisconsin Supreme Court · 1960
  2. Estate of PhillipsWisconsin Supreme Court · 1961
  3. Estate of O'LoughlinWisconsin Supreme Court · 1971
  4. Fischbach v. KnutsonWisconsin Supreme Court · 1972
  5. Guldhaug v. MartinWisconsin Supreme Court · 1957

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