ESTATE OF BRANDENBURG


13 Wis.2d 217 (1961)

ESTATE OF BRANDENBURG: HILLYER, Appellant, v. WINGERT and others, Respondents.

Supreme Court of Wisconsin.

April 4, 1961.


Attorney(s) appearing for the Case

For the appellant there was a brief by Frederick F. Hillyer of Madison, attorney, and Edward J. Callahan, Jr., of Minneapolis, Minnesota, of counsel, and oral argument by Mr. Hillyer.

For the respondent E. L. Wingert, special trustee, and five other respondents there was a brief by E. L. Wingert, in pro. per.; John W. Reynolds, attorney general, Warren H. Resh, assistant attorney general; Roberts, Boardman, Suhr, Bjork & Curry; Aberg, Bell, Blake & Metzner; and Ela, Christianson, Ela, Esch, Hart & Clark, all of Madison; and oral argument by Mr. Wingert, Mr. W. Wade Boardman, and Mr. Robert J. Vergeront, assistant attorney general.

For the following respondents there was a brief by Warren D. Lucas of Madison, for Rho of Psi Upsilon, Inc., and by Brady, Tyrrell & Bruce of Milwaukee, for Saint John's Home for Aged Women, and oral argument by Jackson M. Bruce and Warren D. Lucas.

For the respondent Catherine Bassett there was a brief by Spohn, Ross, Stevens & Pick, attorneys, and Russell J. Mittelstadt of counsel, all of Madison, and oral argument by Frank A. Ross.


DIETERICH, J.

The testimony and record reveal that Arabelle S. Brandenburg and her son, Frederick S. Brandenburg, made several wills. Arabelle S. Brandenburg made a will on December 14, 1942, a codicil on March 14, 1946, a will on March 29, 1946, and a will on May 2, 1946. Frederick S. Brandenburg made a will on September 1, 1943, one on May 3, 1946, a will on May 9, 1947, and a will on February 14, 1958.

The will under date of December 14, 1942, and the codicil...

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