Estate of Naus

22 N.W.2d 478, 248 Wis. 528, 1946 Wisc. LEXIS 229
Wisconsin Supreme Court·Decided March 14, 1946·Published

Opinion

Fowler, J.

Objection was made by the respondents to admitting a will to probate on the grounds, (1) that the deceased was incompetent to make a will; (2) that the will was the result of undue influence exercised by proponent Lange; and (3) that the will was not properly executed. The county judge found all three grounds sustained. ¡

The only issue is whether these findings are supported by the evidence. We cannot set aside these findings and reverse the judgment unless they are against the great weight and clear preponderance of the evidence. We cannot say that findings (1) or (2) are. There might be some question as to (3), but that is immaterial in view of findings (1) ana (2). A reading of the record satisfies us that both findings (1) and (2) are clearly supported by the evidence. We do not perceive that any useful purpose would be served by detailing this evidence.

By the Court. — The judgment of the county court is affirmed.

Rector, J., took no part.

Free access — add to your briefcase to read the full text and ask questions with AI

Estate of Naus, 22 N.W.2d 478, 248 Wis. 528, 1946 Wisc. LEXIS 229 (Wis. 1946).

22 N.W.2d 478 (Estate of Naus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.