Cedar Rapids GazetteCOURT HOUSE NEWS
Testifies Wencil Rigel's Mental Condition Sound
Charles Koss, cashier of the Swisher Trust and
Savings bank called as a witness but the proponents
(defendants) in the jury trial of an action before Judge
A. B. Clark in the district court by heirs of Wencil Rigel
to set aside probate of an instrument admitted as
Rigel's will in June 1934, testified Monday that he was
present when the document was signed and that Rigel
appeared to be in sound mental condition at the time.
The plaintiffs (contestants) including brothers, sisters,
nephews and nieces of Wencil Rigel, who died June
9, 1934, contend that Rigel was in a semi-conscious
condition as a result of having undergone a major
operation the day before the alleged will was signed
and was therefor lacking in testamentory capacity.
Leo Rigel, a son of William Rigel, a deceased brother
of Wencil Rigel, was bequeathed a farm and the
balance of the estate was left to a number of nieces
and nephews after $5 beqests to the brothers and
sisters.
The contestants seek to have the appointment
of Leo Rigel and the Swisher Trust and Savings bank
as executors set aside and to have an administrator
appointed.
According to proponents' testimony Dr. Wesley J.
Netolicky of Western and Koss prepared the will after
Dr. Netolicky had conferred with Rigel on May 30,
1934, the day the document was signed. Koss
confirmed Dr. Netolicky's testimony that Rigel had
approved the will after the Western physician had read
it to him at his hospital bedside.
Dr. L. C. Johnson Dr. L. C. Johnson of Tampico,
Ill, who was an attending witness
and who was an interne in the
hospital at the time, was also
called as a proponents' witness.
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