Kaimann v. Goodsitt

The weight to be given to conflicting evidence bearing upon testamentary capacity is for the trial court. The party contesting a will because of alleged lack of testamentary capacity has the burden of proving the incapacity by clear and satisfactory evidence. Estate of Knutson (1957), 275 Wis. 380, 82 N. W. (2d) 196. It is elementary that the question of competency is to be determined as of the time of the execution of the will. Id. Findings of fact by a trial court are not to be set aside unless they are contrary to the great weight and clear preponderance of the evidence and where there is…