WILL OF MATTES


268 Wis. 447 (1955)

WILL OF MATTES: MATTES (Meta), Proponent and Appellant, vs. MATTES (Arthur), Contestant and Respondent.

Supreme Court of Wisconsin.

January 11, 1955.


Attorney(s) appearing for the Case

For the appellant there was a brief by Strehlow & Cranston of Green Bay, and oral argument by Max H. Strehlow.

For the respondent there was a brief by Irving A. Puchner of Milwaukee, attorney, and J. Robert Kaftan of Green Bay of counsel, and oral argument by Mr. Kaftan.


GEHL, J.

The applicable statute is sec. 238.11, which provides as follows:

"238.11 PROVISION FOR CHILD OMITTED BY MISTAKE, ETC. When any testator shall omit to provide in his will for any of his children or for the issue of any deceased child, and it shall appear that such omission was not intentional but was made by mistake or accident, such child or the issue of such child shall have the same share in the estate of the testator as if he had died intestate...

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