Legal Opinion

Skrinsrud v. Schwenn

Wisconsin Supreme Court

Decided October 6, 1914PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Dane ■county: E. Rat Stevens, Circuit Judge. Ole O. Skrinsrud died January 31, 1913, leaving a paper purporting, to be his last will and testament, which Was admitted to probate in the county court on April 10, 1913. The will provided that one half of the estate should go to the widow of the deceased and the other half to his son, Ole Skrinsrud, with a provision that the son pay to Susan Schwenn, a daughter of the testator,…

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Appeal from a judgment of the circuit court for Dane ■county: E. Rat Stevens, Circuit Judge. Ole O. Skrinsrud died January 31, 1913, leaving a paper purporting, to be his last will and testament, which Was admitted to probate in the county court on April 10, 1913. The will provided that one half of the estate should go to the widow of the deceased and the other half to his son, Ole Skrinsrud, with a provision that the son pay to Susan Schwenn, a daughter of the testator, $100. The respondents, who are daughters of the deceased, objected to the admission of the will to probate on the ground…

1Opinion of the Court

The following opinion was filed May 21, 1914:

Barnes, J.

We are unable to find any testimony in the record which supports the finding of mental incompetency. Some expressions of opinion were given, but no fact at all persuasive was testified to which would indicate that the mind of the testator was not in a sufficiently sound condition to enable him to make a will. The evidence tending to show testamentary capacity was quite strong and convincing.

The case is somewhat closer on the question of undue in*144fluence. Tbe will was made a week before tbe testator died. He was seventy-three years of age.…

2Cases cited3 opinions

  1. Will of Ball v. BostonWisconsin Supreme Court · 1913
  2. Boardman v. LorentzenWisconsin Supreme Court · 1914
  3. Duncan v. MetcalfWisconsin Supreme Court · 1913

3Cited by7 opinions

  1. Schaefer v. ZiebellWisconsin Supreme Court · 1932
  2. Elliott v. FiskWisconsin Supreme Court · 1916
  3. Gidley v. GidleyNebraska Supreme Court · 1936
  4. Clark v. MuellerWisconsin Supreme Court · 1918
  5. Winton v. EmersonWisconsin Supreme Court · 1924

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