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ESTATE OF ALBURN

18 Wis.2d 340 (1962)

ESTATE OF ALBURN: RUEDISILI, Appellant, v. HENKEY, Defendant: ALBURN and another, Respondents.

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Charlton, Yanisch, Binzak & Ritchay of Milwaukee, and oral argument by William A. Ritchay.

For the respondents there was a brief by Smith, Miller & Eberhardt of Jefferson, and oral argument by Richard C. Smith.

CURRIE, J.

This court is committed to the doctrine of dependent relative revocation. Estate of Eberhardt (1957), 1 Wis.2d 439, 85 N.W.2d 483, and Estate of Callahan (1947), 251 Wis. 247, 29 N.W.2d 352. The usual situation for application of this doctrine arises where a testator executes one will and thereafter attempts to revoke it by making a later testamentary disposition which for some reason proves ineffective...

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