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ESTATE OF DODGE

1 Wis.2d 399 (1957)

ESTATE OF DODGE:FIRST NATIONAL BANK OF MADISON, Executor, Plaintiff and Respondent, vs. CITY OF MADISON and another, Defendants and Respondents: WESTWATER and another, Appellants.

Supreme Court of Wisconsin.

June 26, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Roger Radue of Madison.

For the respondent First National Bank of Madison there was a brief by Bull, Biart & Piper of Madison, concurred in by Henry B. Buslee, assistant city attorney, for the city of Madison, and by Charlton H. James of Dodgeville, for Elsie Ellingen, and oral argument by Benjamin H. Bull.

BROADFOOT, J.

The claimants contend that the testator felt a close tie to Mrs. Westwater during her lifetime; that at the time of her death he was suffering from his last illness and was probably not aware that she had died; that the will as a whole showed that testator intended by his plan of distribution to provide for his whole stepfamily; and that the legacies should not lapse if sec. 238.13, Stats., is properly and liberally...

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