Menke v. Duwe

The opinion of the court was delivered by

Burch, J.:

The action was one by a widow who had executed with her husband what is commonly designated a joint and mutual will, to secure her rights under the law as sole heir of her husband. She prevailed, and those claiming under the will, who will be referred to as defendants, appeal.

The court returned findings of fact and conclusions of law. A copy of the will and a copy of the court’s findings and conclusions are appended to this opinion.

Defendants contend the petition was really one to set aside Menke’s will on the ground of undue influence over…