(Download) "Will Lydia Mueller Wicker v. Harold" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Will Lydia Mueller Wicker v. Harold
- Author : Supreme Court of Wisconsin
- Release Date : January 28, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
A proceeding to probate a will dated June 15, 1959, executed by Lydia Mueller Wicker. By her will, the testator bequeathed
$5 to her husband Tom T. Wicker, $100 to her brother, $150 to a friend, $150 to each of two nephews, $50 to another nephew,
and $100 to each of five grandnephews, and the rest of her estate to another nephew; all persons being specifically named
and their relationship stated. She appointed two of her nephews co-executors. Tom T. Wicker, the husband, filed objections
to the probate of the will on the ground that at the time of the execution of the will, Mrs. Wicker was not of sound mind
and did not have sufficient mental capacity to make a will. After a hearing, the trial court found Mrs. Wicker had testamentary
capacity and admitted the will to probate. Tom T. Wicker appeals. Tom and Lydia Wicker were married in May, 1949, which was the second marriage for each. There were no children of any of
the marriages. At the time of the marriage, Lydia Wicker was approximately 71 years of age and Tom Wicker 67. On June 8, 1949,
the month following their marriage, they executed individual wills making each other the beneficiary. After their marriage,
thy lived in Mrs. Wicker's home in Colby, Wisconsin. On June 15, 1959, without the knowledge of her husband, Mrs. Wicker had
an attorney prepare the will in issue, which she executed. On August 26, 1959, Tom Wicker left the home and moved to Stetsonville,
Wisconsin, some 11 miles from Colby, and a few months later brought an action of replevin against Mrs. Wicker to recover tools,
lumber, dishes, and other items. In March of 1960, the following spring, the authorities of Colby undertook to have Mrs. Wicker
committed as an incompetent. Two doctors examined her and did not recommended commitment; the court found her not mentally
infirm on April 18, 1960. However, a few months later, in June, two doctors, one of whom was the same doctor who had examined
her two months previously, recommended her commitment to the Marathon county hospital. The court on June 17, 1960, found her
mentally infirm and committed her. Within a few months, she died in the hospital.