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110 Wis. 7

In re Will

Wisconsin Supreme Court

Decided April 9, 1901

Wisconsin Supreme Court · decided 1901-04-09

<p> Wills: Probate: Undue influence: JEvidence. </p> <p>Testatrix, eighty-four years of age when she executed the will in question, lived with her daughter, to whom she left the greater part of her estate, except small legacies to the contestants, children of a deceased son, and a considerable legacy to another son. She lived about four years after making the will, and before and thereafter attended to the greater part of her business. The will was properly executed at the home of a distant relative of the daughter’s husband, neither she nor her husband being in the room at the time, though in-the house; and after being signed, it was left on the table until taken by the son-in-law. Prior to its execution testatrix made declarations that the paper was her will, put in form by her son-in-law and then copied by her. She was then in good spirits, and took a lively interest in everything about her. with nothing to indicate she did not fully realize the importance of her action. There was evidence of her declarations that she intended her daughter to have the largest share of her estate, that she had promised her son not to make any will, and that by subsequent declarations she was fully conscious of having made the will. There was conflicting evidence as to her'mental capacity. In a contest over the probate of such will findings that the will was not invalid because of the undue influence of the daughter are held not against the clear preponderance of the evidence.</p>

Affirmed · Decided 1901-04-09

MaRShall, J.

¶1An‘examination of the record satisfies us-that the lower court was guided throughout the trial of this case by correct rules of law in weighing the evidence and deciding the issues of fact. There is no serious contention to the contrary, but it is insisted that the findings are against the clear preponderance of the evidence, especially on the issue of whether the chief beneficiary, Charlotte M. Goodrich, and her husband were so far instrumental in causing the will to be made that it was not the expression of the mind of the testatrix. It seems that we would not be justified in reviewing the evidence in detail in this opinion, by pointing out or quoting in substance those parts thereof that support the findings so as to demonstrate their correctness, and that they are sufficiently supported to at least preclude any disturbance thereof under the rules' as to the status of such findings in this court. The principles to be-kept in view in weighing evidence of the character produced in this case, and the probative force of particular circumstances -which such evidence tends to establish, have been so many times considered that it is useless to attempt to add anything new that will be of value to the profession or the courts. So there is no call for us to say more than to announce the conclusion that has been arrived at, namely,. *11that the record does not show that the findings of fact are against the clear preponderance of the evidence, hence that the judgment must be affirmed.

¶2By the Court.— So ordered.

¶3A' motion by appellants to modify judgment and mandate so as to direct that statutory costs of appellants and respondents be paid out of the estate was denied May 21, 1901.

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