Deleglise v. Morrisey (In re Deleglise's Will)

• Decision Date: 15 March 1910
• Citation: 125 N.W. 452,142 Wis. 234
• Parties: IN RE DELEGLISE'S WILL. DELEGLISE ET AL. v. MORRISEY ET AL.
• Court: Wisconsin Supreme Court

142 Wis. 234

125 N.W. 452

IN RE DELEGLISE'S WILL.

DELEGLISE ET AL.

v.MORRISEY ET AL.

Supreme Court of Wisconsin.

March 15, 1910.

Appeal from Circuit Court, Oneida County; A. H. Reid, Judge.

Application by Adelbert Deleglise and others for the probate of the will of Mary Deleglise, deceased. From a decree in favor of the contestants Annie E. Morrisey and others, denying the probate, the proponents appeal. Affirmed.Goodrick & Goodrick and W. F. White, for appellants.

T. W. Hogan, Morson & McMahon, and George W. Latta, for respondents.

WINSLOW, C. J.

Mary Deleglise died at Antigo, December 20, 1907, at the age of 75 years, having in form executed a will on the 15th day of the preceding August, which will was denied probate both in the county court and in the circuit court on the ground that she was incompetent to execute the same, and that the execution thereof was procured by fraud and undue influence exerted by two of her children, Adelbert Deleglise and Mary Doersch. She left surviving her six adult children, viz., Mary Doersch, Annie Morrisey, Sophia E. Leslie, Adelbert Deleglise, Alexius Deleglise, and Edmund Deleglise; the last named being an imbecile residing at a hospital in Oshkosh. Her estate consisted principally of scattered parcels of real estate partly in Antigo and partly outside the city, and was of the estimated value of nearly or quite $40,000. By her will, after devising $5,000 to her imbecile son Edmund, she divided the balance of the estate equally between four grandchildren and one adopted child; three of the grandchildren being the children of her son Alexius, and one being the son of Mary Doersch. On the same day she deeded to Christina Doersch, daughter of Mary, land worth $3,200, to Alexius land worth $1,200, to St. Mary's Church land worth $4,000, and to a foster child land worth $2,000. On July 9th, previous, she had given to Adelbert $3,000 in cash, and on November 1st and 12th, following, she deeded to him parcels of land worth $8,000 and $4,000, respectively. She gave nothing to Mrs. Morrisey or Mrs. Leslie, the contestants here. It appears that in 1905 Mrs. Morrisey and Mrs. Leslie petitioned the county court of Langlade county to appoint a guardian of their mother's person and estate on the ground that she was incompetent to manage her property, and one Edward Cleary was appointed such guardian by that court; but on appeal to the circuit court the order was reversed, and thereafter on appeal to this court the judgment of the circuit court was reversed, and the cause remanded, with direction to affirm the judgment of the county court. In re Deleglise, 134 Wis. 41, 114 N. W. 130. This court then held that the judgment of the circuit court was against the great preponderance of the evidence. This judgment was rendered just one week prior to the death of...