Bowes v. Ott (In re Ott)

• Decision Date: 05 February 1929
• Parties: IN RE WILL OF MARY M. M. OTT, DECEASED. JOHN D. BOWES, EX'R, ETC., APPELLANT, v. ARTHUR F. OTT, OBJECTOR, RESPONDENT.
• Court: Wisconsin Supreme Court

198 Wis. 55

223 N.W. 452

IN RE WILL OF MARY M. M. OTT, DECEASED.^a1

JOHN D. BOWES, EX'R, ETC., APPELLANT,

v.ARTHUR F. OTT, OBJECTOR, RESPONDENT.

Supreme Court of Wisconsin.

Feb. 5, 1929.

Appeal from a judgment of the County Court of Milwaukee County; John C. Karel, Judge. Affirmed.

The will of Mary M. M. Ott was offered for probate in the county court of Milwaukee county by John D. Bowes, the executor named in said will. The probate of the will was contested by the son of testatrix, Arthur F. Ott, upon the ground that, at the time of the execution of said will, the deceased was mentally incompetent to make a will. From a judgment denying the probate of the will, the executor, John D. Bowes, appealed.

*452S. M. Williams and Timothy J. Hannan, both of Milwaukee, for appellant.

Wolfe & Kolinski and Timlin & Dean, all of Milwaukee, for respondent.

OWEN, J.

Mr. Chief Justice VINJE did not participate in this case. The justices participating are equally divided. Mr. Justice ESCHWEILER, Mr. Justice DOERFLER, and Mr. Justice CROWNHART are of the opinion that the judgment should be reversed. Mr. Justice ROSENBERRY, Mr. Justice STEVENS, and the writer are of the opinion that it should be affirmed. Under the established rule, this results in an affirmance of the judgment.

Judgment affirmed.

a1. Rehearing denied April 2, 1929, with $25 costs.