Bornfleth v. Hoeppner

Did Elsie and Emil enter into a contract to make a will?

In Schwartz v. Schwartz (1956), 273 Wis. 404, 411, 78 N, W. (2d) 912, following the principle established in Doyle v. Fischer (1924), 183 Wis. 599, 198 N. W. 763, we adopted the rule stated in 169 A. L. R. 9, 69, as follows:

*343“A will which is jointly executed may furnish in itself prima facie proof that it was executed pursuant to a contract between the testators, notwithstanding it does not expressly purport to have been made pursuant to contract, does not contain the word ‘contract’ or ‘agreement,’ or include an express promise that the…