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ESTATE OF SCHEFE

261 Wis. 113 (1952)

ESTATE OF SCHEFE: SCHEFE and another, by Guardian ad litem, Claimants and Appellants, vs. CROWLEY, Administrator, and another, Respondents.

Supreme Court of Wisconsin.

March 4, 1952.

Attorney(s) appearing for the Case

For the appellant Elmer Schefe there was a brief by Benton, Bosser, Becker, Parnell & Fulton of Appleton, and oral argument by Edgar E. Becker and David L. Fulton.

For the appellant Eugene G. Williams, guardian ad litem, there was a brief by Williams, Williams & Meyer of Oshkosh, and oral argument by Eugene G. Williams.

For the respondents there was a brief by O'Leary, Joyce & Remley of Neenah, for Melvin F. Crowley, administrator, and by Cooke & Loehning of Neenah, for Gaylord C. Loehning, guardian ad litem, and oral argument by John W. O'Leary, Arthur P. Remley, and Gaylord C. Loehning.

GEHL, J.

Do the provisions of the joint will and the agreement apply to the property acquired by the husband after the death of the wife?

While we may not overlook nor ignore the terms of the will in considering the question, the important instrument is the agreement; it is essentially the terms of the latter which control. The rights and obligations of the parties are determined by its terms. Indeed, it has been held that despite the contract the will may...

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