Legal Opinion

Will of Nachtsheim

Wisconsin Supreme Court

Decided February 5, 1918PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Laweebtce W. Halsey, Circuit Judge. This is an appeal from a judgment of the circuit court affirming the judgment of the Gounty court denying probate to an instrument propounded as the last .will and testament of Maria Nachtsheim, deceased, upon the ground of undue influence.

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Appeal from a judgment of the circuit court for Milwaukee county: Laweebtce W. Halsey, Circuit Judge. This is an appeal from a judgment of the circuit court affirming the judgment of the Gounty court denying probate to an instrument propounded as the last .will and testament of Maria Nachtsheim, deceased, upon the ground of undue influence. The will was presented for probate by one Wallace J. Kircher, who is named in the instrument as executor and made chief beneficiary under the alleged will, and who was not related to the deceased. Two nieces, heirs at law of deceased, filed objections to…

1Opinion of the Court

The following opinions were filed November 13, 1917:

KeRWIb, J.

Many decisions of this court relating to what •constitutes undue influence sufficient to avoid a will are cited *559and relied upon by counsel on each side. An examination of these cases as well as others in this court will show that each case rests upon its own particular facts viewed in the light of well settled principles of law. This court in cases relating to will contests on the ground of undue influence has laid down some general rules respecting the elements necessary to exist in establishing undue influence as follows: (1) The…

2Cases cited7 opinions

  1. Will of Ball v. BostonWisconsin Supreme Court · 1913
  2. Will of SlingerWisconsin Supreme Court · 1888
  3. Elliott v. FiskWisconsin Supreme Court · 1916
  4. Bryant v. PierceWisconsin Supreme Court · 1897
  5. Baker v. BakerWisconsin Supreme Court · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Schaefer v. ZiebellWisconsin Supreme Court · 1932
  2. Hickey v. HickeyWisconsin Supreme Court · 1948

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