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ESTATE OF ROSENTHAL v. ROSENTHAL

34 Wis.2d 402 (1967)

ESTATE OF ROSENTHAL: ROSENTHAL and another, Executors, Appellants, v. ROSENTHAL, Respondent.

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the appellants there was brief by Hersh, Magidson & Lensky of Milwaukee, and oral argument by Arthur B. Magidson.

For the respondent there was a brief by Quarles, Herriott & Clemons, attorneys, and James C. Mallien of counsel, all of Milwaukee, and oral argument by Mr. Mallien.

HANLEY, J.

The sole issue presented is as follows: Where a husband and wife own real estate as joint tenants and said real estate is subject to a mortgage and mortgage note signed by both parties as co-obligors and the husband dies, the wife thereafter paying the mortgage, does the wife have claim against the husband's estate for contribution to the extent of one half of the amount of the mortgage?

There is a sharp conflict of authority on the issue presented...

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