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ESTATE OF DEL MARCELLE

259 Wis. 47 (1951)

ESTATE OF DEL MARCELLE: DEL MARCELLE, Appellant, vs. ESTATE OF DEL MARCELLE, Respondent.

Supreme Court of Wisconsin.

April 3, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Martin, Clifford, Warne, Duffy & Dewane of Green Bay, and oral argument by Gerald F. Clifford.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.

BROADFOOT, J.

The claim of Albert Del Marcelle against the estate was based upon the terms of an express oral agreement alleged to have been made between claimant and decedent while decedent was still in the hospital. Claimant alleged that he agreed to take the decedent and his wife into his home and there care for and maintain them, and that in return the decedent agreed to give to claimant a sum equal to one third of all of the property of which he should die seized...

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