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WILL OF TOUSEY

260 Wis. 150 (1951)

WILL OF TOUSEY: EBERLEIN, Guardian and litem, and another, Appellants, vs. TOUSEY and others, Respondents.

Supreme Court of Wisconsin.

December 4, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Frederic C. Eberlein of Shawano, guardian ad litem for Leonard E. Miller, and E. L. Aschenbrener of Shawano, guardian ad litem for Jeffrey Lee Beilke, and oral argument by Mr. Eberlein.

For the respondents there was a brief by Fischer, Brunner & Strossenreuther of Shawano, and oral argument by O. S. Strossenreuther.

Ken Traeger of Gresham, for the respondent executor.

MARTIN, J.

The question involved on this appeal is whether the two illegitimate children of the testator qualify as heirs under the provision of the will that the residuary estate is "to be divided among my heirs in the manner provided by law."

Sec. 237.06, Stats., provides:

"Every illegitimate child shall be considered as heir of the person who shall, in writing signed in the presence of a competent witness, have acknowledged himself to be the father...

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