ESTATE OF ALBURN 18 Wis. 2d 340, 118 N.W. 2d 919 (1963) CASE BRIEF

ESTATE OF ALBURN

18 Wis. 2d 340, 118 N.W. 2d 919 (1963)

NATURE OF THE CASE: Action contesting two wills. Appealed. Ruedisili appellant challenged a judgment, which found in favor of Henkey in proceedings contesting a will.

FACTS: Testatrix executed a will in Milwaukee, WI in 1955. In 1959, she executed a will in Kankakee, IL. In 1960, testatrix destroyed the Kankakee will, and sometime thereafter told her sister-in-law that she wanted the Milwaukee will to stand. In both wills, the bulk of her estate was left to her brother, and to her husband's relatives. After testatrix's death, her sister petitioned to be named administratrix of her intestate estate. Both the Milwaukee and the Kankakee wills were filed for probate, and objections to both were filed. The lower court applied the doctrine of dependent relative revocation, finding that testatrix, by destroying the Kankakee will, believed that the Milwaukee will would be revived. Testatrix's sister, who had been appointed administratrix of the intestate estate, appeals the lower court's decision admitting the Kankakee will to probate.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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