Legal Opinion

Estate of Yahn

Wisconsin Supreme Court

Decided January 9, 1951PublishedCited by 11 opinions

1Opinion of the CourtGehl, J.

Appellants contend that the doctrine of res adjudícala bars the admission to probate of the instrument dated October 8, 1947; that upon the record it must be found that the undue influence exercised by Miss Barant extended back at least to the time of the execution of the will of October 8th.

Upon the proceedings for the probate of the will of October 30th there was but one issue: Was that instrument the will of Charles S. Yahn? Although previous wills were received in evidence, the contest related exclusively to the one instrument; likewise the adjudication. While it may appear unlikely that…

2Cases cited5 opinions

  1. Hart v. MoultonWisconsin Supreme Court · 1899
  2. In re Noon's WillWisconsin Supreme Court · 1902
  3. Bruckner v. KalbskopfWisconsin Supreme Court · 1938
  4. Callahan v. La Crosse Trust Co.Wisconsin Supreme Court · 1947
  5. Dunn v. LarkinWisconsin Supreme Court · 1933

3Cited by11 opinions

  1. Baldwin Const. Co. v. ESSEX COUNTY BD. OF TAXATION AND CITY OF EAST ORANGESupreme Court of New Jersey · 1954
  2. Estate of PhillipsWisconsin Supreme Court · 1961
  3. Estate of BrehmerWisconsin Supreme Court · 1969
  4. Estate of McGonigalWisconsin Supreme Court · 1970
  5. Ferriter v. BorthwickMassachusetts Supreme Judicial Court · 1963

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