New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1904-08-10
FINDS FOR THE RESPONDENT
Judge Weber Overru1es Jury in
Sperl Will Case.
Holds That Joseph Sperl Did Not
Influence Father.
Other Heirs Will Take Case to
State Supreme Court.

According to decision handed
down Friday morning by Judge B. F.
Weber the last will and testament of
the late Anton Sperl is valid, and
Joseph j. Sperl, the eldest son, is
fully entitled to the property bequeath-
ed him by his father. It is the belief
of the court that the elder Sperl slight
ed his remaining children Intention
ally and that he was not influenced in
his action by his son, Joseph. There
fore, the Judge finds in favor of the
latter and orders judgment entered in
spite of the verdict rendered by the
jury that tried the case.
This latest developments in the action
brought to break the Sperl will adds
renewed interest to it. A year ago,
when the estate was filed for probate,
it was found that Anton Sperl had
willed his property, valued at 500, 900,
to his son, Joseph; cutting the other
four children off with paltry $3.50.
Two of the heirs, Mrs. Anna Fischer
and Otto Sperl, contested the instru-
ment but Judge George ruled that it
should be admitted to probate.
They appealed from his order and
commenced proceedings to annul the
document. The case was tried at the
December term of court and, while the
jury found that the will was binding
and was drawn by Anton Sperl at a
time when he was Of sound mind, they
decided that the principal beneficiary
had exercised undue influence over the
testator. This would have been sufi-
cient to allow the other heirs to share
in the estate but on July 28th 6. W.
Somerville and J. A. Eckstein, attor-
neys for the respondent, Jos. Sperl,
petitioned for judgment notwithstand-
ing the verdict or new trial, they
contending that there was insufficient
evidence to show that Jos. Sperl pre-
vailed upon the deceased to leave the
property as he did,
On Friday Judge Weber sent down
his ruling. It sustains the decree of
the Brown county probate court adj
hitting the will to probate and directs
that the respondent be given jud gment.
The Affirmative answer of the jury to
the question whether Jos. Sperl exer-
cised undue influence over his father
is also ordered vacated and set aside.
In his opinion the court says:
s'There is no evidence that the respond
ent committed any fraud upon, or ex-
ercised any undue influence over, the
testator to procure the execution of
the will. The only circumstance re-
lied upon by the appellants is the fact
that the testator and respondent resid-
ed together and conducted their bust
ness together to some extent for sever
al years prior to the making of the
will. In my opinion that is wholly in
sufficient to warrant verdict that the
execution Of the will was procured by
fraud orundue influence of the respond
ent, or to cast upon the respondent the
burden of proving that no undue in
fuence was exercised by him to pro-
cure the execution Of the will"
Hoidale & Somsen, attorneys for
the appellants, Anna Fischer and Otto
Sperl, will now appeal to the supreme
court. They maintain that enough
evidence was introduced to throw upon
respondent the burden of proving thai
he did not bestir himself in his own
interests while he was living alone
with his father. The point is an i'm
portant one and the outcome will be
awaited with interest.