Estate Of Alburn

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.