Bethesda Church v. Menning

Three issues are presented on this appeal:

1. Does the dead man’s statute, sec. 885.16, Stats., also bar testimony of the spouse of a witness who is incompetent to testify under its limitations?

2. Is the trial court’s finding of undue influence against the great weight and clear preponderance of the evidence ?

3. Should the unsuccessful proponents of this will be awarded reimbursement from the estate for the expenses of the contest?

Dead man’s statute.

Sec. 885.16, Stats., provides in part:

“No party or person in his own behalf or interest, and no person from, through or under whom a party derives…