Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Estate of Alburn

Wisconsin Supreme Court
118 N.W.2d 919 (1963)


Ottilie L. Alburn executed two wills, the first in Milwaukee (Milwaukee will) in 1955 and the second in Kankakee, Illinois (Kankakee will) in 1959. While the distribution of Ottilie’s estate differed in the two wills, both wills left the majority of Ottilie’s estate to her friend Olga Olson and to the Alburns, Ottilie’s deceased husband’s family. Although Ottilie left next-of-kin who stood to inherit her estate under the intestacy laws, neither of her wills made bequests to such kin, except the Kankakee will, which made a bequest to one of her siblings. After drafting the Kankakee will, which revoked the Milwaukee will, Ottilie moved to Fort Atkinson, Wisconsin to live with her brother, Edwin Lehmann and his wife, Olga, where she stayed until her death in November 1960. After arriving at Edwin’s home, Ottilie told him that she had destroyed the Kankakee will and gave him the pieces of the will to disburse and dispose of at the dump. Edwin did as requested by Ottilie. After Ottilie’s death, her sister, Adele Ruedisili (plaintiff) filed for letters of administration, claiming that Ottilie had died intestate. Then the Milwaukee will, which had been in the possession of the attorney who drafted it, was offered for probate by Viola Henkey (defendant) who was a beneficiary and named as executor under that will. The Kankakee will was then offered for probate by Lulu and Doris Alburn (defendants). At a joint hearing in county court, Edwin’s wife testified that she had a conversation with Ottilie sometime after she destroyed the Kankakee will in which Ottilie said the Milwaukee will “was the one she wanted to stand.” The county court applied the doctrine of dependent relative revocation and held that Ottilie had destroyed the Kankakee will in the mistaken belief that she was reviving the Milwaukee will, and therefore the revocation of the Kankakee will was ineffective and the Kankakee will was admitted to probate. Ruedisili appealed the order of the county court.

Rule of Law


Holding and Reasoning (Currie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.