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ESTATE OF GIBBS

14 Wis.2d 490 (1961)

ESTATE OF GIBBS: KRAUSE (Robert J.), Appellant, v. KRAUSE (Robert W.), Respondent.

Supreme Court of Wisconsin.

October 31, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Goldberg, Previant & Cooper, and oral argument by Francis X. Swietlik, Jr., all of Milwaukee.

For the respondent there was a brief by Tilg & Koch, attorneys, and Howard A. Morse of counsel, all of Milwaukee, and oral argument by Howard A. Tilg.

FAIRCHILD, J.

1. The intention of the testators as determined from all the evidence. The evidence leads irresistibly to the conclusion that Mr. and Mrs. Gibbs intended legacies to respondent, and that the use of the middle initial "J." and the address on North Forty-Sixth street resulted from some sort of mistake.

Respondent testified that he met Mr. Gibbs about 1928. From 1930 to 1949 he was employed as superintendent of a steel warehouse where Mr...

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