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SCHWARTZ v. SCHWARTZ

273 Wis. 404 (1956)

SCHWARTZ and others, by General Guardian, Respondents, vs. SCHWARTZ, Executor, and others, Appellants.

Supreme Court of Wisconsin.

October 9, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Prueher & Dowling of Bloomer, and oral argument by Lyle J. Dowling.

For the respondents there was a brief by Ingolf E. Rasmus and James B. Halferty, both of Chippewa Falls, and oral argument by Mr. Halferty.

CURRIE, J.

The issue on this appeal is whether the existence of a contract on the part of the surviving spouse, whereby she agreed as survivor to distribute her property by will in a certain manner, can be reasonably inferred from the provisions of the joint will itself and the somewhat meager surrounding circumstances. If it can, then the finding of the learned trial court of the existence of such contract is not against the great weight and clear preponderance of...

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