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ESTATE OF HOEPPNER

32 Wis.2d 339 (1966)

ESTATE OF HOEPPNER: BORNFLETH and others, Appellants, v. HOEPPNER, Executor, Respondent.

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the appellants Arthur and Harry Bornfleth there were briefs by Lowry Hunter & Tikalsky, and oral argument by Thomas E. Anderson, all of Waukesha.

Thomas S. Brenner of Waukesha, guardian ad litem for the appellant John Hoeppner, joined in certain of the arguments in the briefs of appellants Bornfleth and the respondent, and also argued.

For the respondent there was a brief by Bertram & Bertram of Milwaukee, and oral argument by Daniel E. Bertram.

HEFFERNAN, J.

Did Elsie and Emil enter into a contract to make a will?

In Schwartz v. Schwartz (1956), 273 Wis. 404, 411, 78 N.W.2d 912, following the principle established in Doyle v. Fischer (1924), 183 Wis. 599, 198 N. W. 763, we adopted the rule stated in 169 A. L. R. 9, 69, as follows:

"A will which is jointly executed may furnish in itself prima...

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