Estate of Milbrot

The two issues to be resolved on this appeal are whether: (1) Marjorie Milbrot was mentally competent to execute her will; and (2) the execution of her will was procured by undue influence exerted upon her by Nickolas J. Persha.

Marjorie Milbrot was forty-two years old when she died and had never married. In 1946 she met Nickolas Persha at a dance at the Firemen’s Hall at Hustisford, Wisconsin. Thereafter, Nickolas accompanied her to various other dances around the area and took her to a number of eating places. The record reveals very little about the relationship, if any, between Nickolas…