Clark v. Mueller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Chester A. Eowlee, Judge. The appeal is from a judgment admitting the will of Johanna Bocker, deceased, to probate. March 29, 1916, Johanna Bocker, a widow for over thirty years and more than that length of time a resident of the city of Sheboygan, died.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Chester A. Eowlee, Judge. The appeal is from a judgment admitting the will of Johanna Bocker, deceased, to probate. March 29, 1916, Johanna Bocker, a widow for over thirty years and more than that length of time a resident of the city of Sheboygan, died. She left property valued at between $25,000 and $30,000 in mortgages, which she had accumulated by her work as a midwife and by a life of the most rigid economy. She left as her only surviving heirs one grandchild, Mrs. Theresa Clark, four great-grandchildren, children of two…
1Opinion of the CourtEschweilbe, J.
The court below, in his written decision upon which the findings were based, stated as follows:
“That some of the facts essential to void a will for undue influence existed is very plain. The adopted daughter had *103ample opportunity to exert influence over tbe deceased, and sbe bad tbe disposition to use sucb influence. Sbe also importuned tbe testatrix to make a will, -and tbe will made was sucb as tbe adopted daughter wanted. But does it appear that tbe deceased was 'unquestionably subject to undue influence,’ and bow much evidence is there of overt acts of tbe adopted daughter after tbe…
2Cases cited3 opinions
- Elliott v. FiskWisconsin Supreme Court · 1916
- Skrinsrud v. SchwennWisconsin Supreme Court · 1914
- Williams v. WilliamsWisconsin Supreme Court · 1899
3Cited by14 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Schaefer v. ZiebellWisconsin Supreme Court · 1932
- Stanley v. StanleyWisconsin Supreme Court · 1937
- Bomke v. RaaschWisconsin Supreme Court · 1939
- Heim v. ThomasWisconsin Supreme Court · 1936
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