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ESTATE OF ZEIMET

259 Wis. 619 (1951)

ESTATE OF ZEIMET: ZIMMERMAN, Administrator, Appellant, vs. ZEIMET, Claimant, Respondent.

Supreme Court of Wisconsin.

November 6, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lueck, Skupniewitz & Lueck of Beaver Dam, and Victor H. Glanz of Milwaukee, and oral argument by Mr. Arthur W.Lueck and Mr. Glanz.

For the respondent there was a brief by George A. Hartman, Robert G. Hartman, and Leo C. Hartman, all of Juneau, and oral argument by Leo C. Hartman and George A. Hartman.

BROWN, J.

The administrator's first contention is that because of the near relationship and the common home of Anna and Lucy, Lucy is presumed to have acted gratuitously. There is such a presumption, a rebuttable one, between near relatives. We need not decide whether it extends to persons with the relationship and association of these two women for, if the presumption exists, it was rebutted by three competent witnesses who testified that Anna Zeimet told them at...

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