ESTATE OF HOLCOMBE


259 Wis. 642 (1951)

ESTATE OF HOLCOMBE: CURTIS, Appellant, vs. MCGAFFEE and others, Respondents.

Supreme Court of Wisconsin.

November 6, 1951.


Attorney(s) appearing for the Case

Kenneth E. Worthing of Fond du Lac, for the appellant. For the respondents there was a brief by Ruth E. Van Epps of Weyauwega, and Wendell McHenry of Waupaca, and oral argument by Mr. McHenry, Mrs. Van Epps, and Miss Marian Morse of Fond du Lac.


MARTIN, J.

There are two questions involved here for our consideration, the first, whether or not the appellant Gordon Curtis has an interest in this estate and, second, whether the ruling of the circuit court admitting the will to probate and excluding the bequest to Nellie Curtis can be sustained.

In Will of Griffiths (1920), 172 Wis. 630, 179 N. W. 768, this court held that under sec. 2289 (now sec. 238.13), Stats., on the death of a legatee during...

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