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ESTATE OF SMITH

263 Wis. 441 (1953)

ESTATE OF SMITH: McGLONE and another, Claimants, Plaintiffs, vs. FAIRCHILD, Executor, Defendant. [Two appeals.]

Supreme Court of Wisconsin.

March 31, 1953.

Attorney(s) appearing for the Case

For the plaintiffs there was a brief by Robertson & Hoebreckx, attorneys, and E. Harold Hallows of counsel, and oral argument by Mr. Hallows and Mr. Albert G. Frackelton, all of Milwaukee.

For the defendant there was a brief by Whyte, Hirschboeck & Minahan of Milwaukee, and oral argument by Herbert C. Hirschboeck.

CURRIE, J.

The merits of claimants' claim against the estate of Madeleine Smith, deceased, are not before us on these appeals, but only the procedural question of whether Arthur W. Fairchild, as executor, is required to produce certain former wills and codicils of the deceased, or copies thereof, and to testify as to contents thereof.

If such former wills and codicils had been found among the papers of the deceased, which were in her possession at the time...

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