Estate of Alburn

Facts

Alburn did not include certain next-of-kin in neither of her wills. Alburn’s original will that was drawn in Milwaukee was in the possession of Attorney Affeldt. This will named her niece Viola Henkely, whom she lived with while living in Milwaukee, as a beneficiary. In 1960 Alburn moved to Kanakee, Wisconsin and lived with her brother Robert Lehmann. She executed a second will in Kanakee. Later Alburn relocated to Fort Atkinson and lived there with her brother Edwin Lehmann until she died. Alburn did not make a new will between June 29, 1960 and nearly five months later when she died. While living with Edwin Lehmann in Fort Atkinson, she destroyed a copy of her will and tore it into pieces. Henkely filed a petition to probate Alburn’s first will that she made in Milwaukee. Alburns next-of-kin appealed and the Circuit Court affirmed the lower court’s decision. Edwin Lehmann’s wife gave testimony at the trial court that Alburn wanted her first will to stand.