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ESTATE OF SCHMITZ

17 Wis.2d 412 (1962)

ESTATE OF SCHMITZ: MCKENZIE and another, Appellants, v. CUTTER, Executor, and others, Respondents.

Supreme Court of Wisconsin.

October 2, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Lorin L. Kay of Richland Center.

For the respondents there was a brief and oral argument by Frank D. Hamilton of Dodgeville.

WILKIE, J.

1. Was the "contract to make a will" ambiguous? The first question to be determined on this appeal is whether the "contract to make a will" is ambiguous. The general rule on whether a contract is to be considered ambiguous is well stated in 12 Am. Jur., Contracts, p. 752, sec. 229:

"It has been said that it is only where the language of a contract is ambiguous and uncertain and susceptible of more than one construction that a court may, under...

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