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ESTATE OF ZELLMER

1 Wis.2d 46 (1957)

ESTATE OF ZELLMER: ZELLMER, Claimant, Respondent, vs. SHARLEIN, Executrix, Appellant.

Supreme Court of Wisconsin.

May 7, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Charles B. Avery of Antigo.

For the respondent there was a brief and oral argument by Gustav Winter of Antigo.

CURRIE, J.

Counsel for the claimant maintains that the agreement embodied in the divorce decree, whereby Dr. Zellmer promised to pay when due the premiums on the $5,000 policy, constituted a contract for the benefit of a third person, viz., the claimant Winifred Zellmer. We agree with this contention.

As we view it, we are confronted on this appeal by the following two issues:

(1) Was there such impossibility...

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