COURT HOUSE NEWS
Doctor Testifies Rigel In Sound
Mental Health When
Will Was Made
Dr. Wesley J. Netolicky of Western, called as a
proponents' or defense witness in a district court
action brought by heirs of Wencil Rigel of College
township to set aside the Rigel will, testified before
Judge A.B. Clark and a district jury Friday morning
that Rigel sanctioned the alleged will read to him by
Dr. Netolicky at a hospital bedside May 30, 1934. Dr.
Netolicky also confirmed that Rigel was in sound
mental condition at the time.
The plaintiffs or contestants, including brothers,
sisters, nieces and nephews of Mr. Rigel, contend
he was in a semiconscious condition and lacking in
testamentary capacity as a result of a major operation,
which he had undergone the previous day.
Under the document admitted to probate in June,
1934, as the will of Wencil Rigel following Rigel's
death on June 9, a farm is left to Leo Rigel, son of
William Rigel, a deceased brother of Wencil Rigel.
Brothers and sisters were bequeathed $5 each and the
residue of the estate given to a number of nieces and
nephews.
The Leo Rigel contestants seek to set aside
appointment of and the Swisher Trust and Savings
bank as executors, ask that Rigel be adjudged to have
died intestate and request appointment of an
administrator. The plaintiffs assert undue influence
and alleges that Mr. Rigel did not sign the will in the
presence of all the attesting witnesses. The
defendants deny the all allegations.
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