Duncan v. Metcalf
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: Gboege ClemeutsoN, Circuit Judge. Tbia is an appeal from a judgment reversing a decree of tbe county court wbicb admitted to probate tbe will of David Duncan, Sr., deceased. David Duncan, Sr., died from cancer of tbe stomach July 23, .1910, at the age of sixty-one years. He left no widow and but one child, tbe contestant, David Duncan, Jr., then aged thirty-seven years.
Read the full summary
Appeal from a judgment of tbe circuit court for Grant county: Gboege ClemeutsoN, Circuit Judge. Tbia is an appeal from a judgment reversing a decree of tbe county court wbicb admitted to probate tbe will of David Duncan, Sr., deceased. David Duncan, Sr., died from cancer of tbe stomach July 23, .1910, at the age of sixty-one years. He left no widow and but one child, tbe contestant, David Duncan, Jr., then aged thirty-seven years. Tbe deceased and contestant’s mother were married but did not live together and bad been divorced before testator’s death. Rebecca Ackerman, a widow forty-eight…
1Opinion of the CourtSiebecKER, J.
The trial court refused to admit the proposed will of the decedent to probate, upon the ground that the evidence showed that its execution was procured by undue influence and hence it was not his will. This court in Will of Slinger, 12 Wis. 22, 37 N. W. 236, characterizes undue influence as follows:
“Manifestly, it is a subtle species of fraud, whereby mastery is obtained over the mind of the victim by insidious approaches, seductive artifices, or other species of circumvention.”
In Anderson v. Laugen, 122 Wis. 57, 99 N. W. 437, it was declared:
“To sustain this contention it must appear that…
2Cases cited5 opinions
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Will of SlingerWisconsin Supreme Court · 1888
- Consaul v. LoenneckerWisconsin Supreme Court · 1901
- Vance v. DavisWisconsin Supreme Court · 1903
- Anderson v. LaugenWisconsin Supreme Court · 1904
3Cited by8 opinions
- Schaefer v. ZiebellWisconsin Supreme Court · 1932
- Estate of Ogg v. First National Bank of MadisonWisconsin Supreme Court · 1952
- Elliott v. FiskWisconsin Supreme Court · 1916
- Olszewski v. BorekWisconsin Supreme Court · 1948
- Skrinsrud v. SchwennWisconsin Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.