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ESTATE OF WETTIG

29 Wis.2d 239 (1965)

ESTATE OF WETTIG: MILWAUKEE CATHOLIC HOME FOR THE AGED, Appellant, v. HOFFMAN, Administratrix, and another, Respondents.

Supreme Court of Wisconsin.

December 1, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott & Clemons of Milwaukee, and oral argument by Maxwell H. Herriott.

For the respondent Alma Hoffman there was a brief by L. A. Willenson of Milwaukee.

For the respondent Fidelity & Deposit Company of Maryland there was a brief by John & Meyer of Milwaukee, and oral argument by Walter John.

FAIRCHILD, J.

In substance, the judgment appealed from assigned the estate according to the record as it stood at the time of the December, 1962, hearing and at the time distribution was made; and declined to enforce the Home's claim under the 1957 "assignment" because the assets were no longer in the possession of the administratrix and she had distributed them without notice of the Home's claim. Determination of the Home's rights, if any, to the assets was left...

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