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ESTATE OF KANDALL

270 Wis. 349 (1955)

ESTATE OF KANDALL: KLINGER, Respondent, vs. GARVEY, Executor, Appellant.

Supreme Court of Wisconsin.

June 28, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Bosshard & Arneson, attorneys, and Engelhard, Snodgrass & Goerdt of counsel, all of La Crosse, and oral argument by George M. Snodgrass. For the respondent there was a brief by Peterson, Antoine & Peterson of Prairie du Chien, and oral argument by F. J. Antoine.

FAIRCHILD, C. J.

The trial court concluded that the $12,000 check was not intended as a testamentary disposition or gift, and the respondent does not base his claim to the $12,000 upon any theory of gift either inter vivos or causa mortis. The claim advanced by respondent is that the check was written to pay him "for labor," namely, uncompensated services rendered by respondent to decedent during the years from 1934 to March, 1945, and from September...

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