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ESTATE OF SCHMIDT

266 Wis. 182 (1954)

ESTATE OF SCHMIDT: SMITH, Objector, Appellant, vs. SEHER, Executor, Defendant: RIEBOW, Claimant, Respondent.

Supreme Court of Wisconsin.

March 2, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by Gerlach & Porter of Milwaukee, and oral argument by Frederick C. Gerlach and Emery J. Porter.

For the respondent there was a brief and oral argument by Alvin Juedes of Milwaukee.

BROWN, J.

Appellant submits that the promise to pay for the food by a provision in Schmidt's will was not proved by clear and convincing evidence and was not sufficiently specific to be enforceable; and that in fact Mr. Riebow furnished the food gratuitously and without expectation of reimbursement. The testimony of the Riebows is clear and direct concerning the agreement. It is not controverted by any other evidence and in its essential feature, that neither

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