Estate Of Gibbs

111 N.W.2d 413 (1961)

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Nature of the Case

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Facts

W testified that he met Mr. Gibbs about 1928. From 1930 to 1949 he was employed as superintendent of a steel warehouse where Mr. Gibbs was his superior. They worked in close contact. Until 1945 the business belonged to the Gibbs Steel Company. In that year the business was sold, but Mr. Gibbs stayed on for four years in a supervisory capacity. W remained with the new company until 1960. After 1949 Mr. Gibbs occasionally visited the plant and saw W when there. From 1935 to 1955 W took men occasionally to the Gibbs home to do necessary work about the place. He also visited there socially several times a year and saw both Mr. and Mrs. Gibbs. Mrs. Gibbs had made a few visits to the plant before 1949 and W had seen her there. Mr. Gibbs did not visit W's home, although on a few occasions had telephoned him at home. Mr. Gibbs always called W 'Bob.' Miss Krueger, the housekeeper for twenty-four years up to 1958 and was a legatee under both wills, corroborated much of W's testimony. She also testified that Mr. Gibbs had told her he made a will remembering various people including 'the boys at the shop,' referring to them as 'Mike, Ed, and Bob.' Miss Pacius, a legatee under both wills, who had been Mr. Gibbs' private secretary for many years while he was in business, testified to Mr. Gibbs' expressions of high regard for W. Another former employee also testified to a similar effect. The first wills were drawn in 1953 and each contained a bequest to 'Robert Krause, of Milwaukee, Wisconsin, if he survives me, one percent (1%).' Mrs. Gibbs' will executed in August 1955, contained the same language. In the 1957 wills, the same bequest was made to 'Robert Krause, now of 4708 North 46th Street, Milwaukee, Wisconsin.' In several other instances street addresses of legatees were given for the first time in 1957. In the 1958 wills, the same bequest was made to 'Robert J. Krause, now of 4708 North 46th Street, Milwaukee, Wisconsin.' A writing from Mr. Gibbs' 1958 will, referenced the Krause bequest as 'Bob, 1%.' In the 1953 wills, the residence of Gruener, Krause, and Preuschl was given only as Milwaukee, Wisconsin. A street address was inserted for the first time in each case in the 1957 wills, and repeated in the later ones. From 1950 until April 1960, W lived at 2325 North Sherman Boulevard. Both Gibbs died in 1960. The trial court considered the evidence and held for W, the long-term friend. J. appealed.