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ESTATE OF ROGERS

30 Wis.2d 284 (1966)

ESTATE OF ROGERS: CHANDLER, Appellant, v. ESTATE OF ROGERS, Respondent.

Supreme Court of Wisconsin.

March 1, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Ross, Stevens, Pick & Spohn, attorneys, and Jeremy C. Shea of counsel, all of Madison, and oral argument by Mr. Shea and Mr. Myron Stevens.

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

WILKIE, J.

Two issues are presented on this appeal:

First, does the execution and nonrevocation of a will pursuant to an oral understanding to execute mutual wills constitute sufficient part performance?

Second, is a claim based on an oral agreement to execute mutual wills barred by the provisions of sec. 238.19, Stats.?

Part Performance.

An oral contract to device real estate falls within the statute of frauds, sec. 240.08...

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