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ESTATE OF SZACZYWKA

270 Wis. 238 (1955)

ESTATE OF SZACZYWKA: MAKAREWICZ and others, Appellants, vs. McEVOY and another, Respondents.

Supreme Court of Wisconsin.

June 1, 1955.

Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of Julius Grotsky and Vaudreuil & Vaudreuil, all of Kenosha, and for the respondents on the brief of John P. McEvoy of Kenosha.

STEINLE, J.

The sole question involved on this appeal is: When a decedent is survived only by a first cousin and by second cousins who are children of a first cousin who predeceased the decedent, does the first cousin inherit all of the decedent's estate to the exclusion of the second cousins' right to inherit the share their parent would have taken had he survived?

Sec. 237.01, Stats., provides in part:

"When any person shall die seized of any lands...

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