SIPPLE v. ZIMMERMAN

No. 198.

39 Wis.2d 481 (1968)

159 N.W.2d 706

SIPPLE, Appellant, v. ZIMMERMAN, Special Administrator, Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1968.


Attorney(s) appearing for the Case

For the appellant there was a brief by Doar, Drill & Norman of New Richmond, and oral argument by James A. Drill.

For the respondent there was a brief by Peterson, Thedinga & Peterson of Menomonie, and by Wilcox & Wilcox of Eau Claire, and oral argument by Francis J. Wilcox.


BEILFUSS, J.

Two major issues are presented in this appeal:

1. Does the 1953 document fail as a contract because not properly executed as a will?

2. Are there issues of fact raised by any of the affirmative defenses alleged by the defendant which cannot be resolved from the pleadings, involving

(a) The sufficiency of the consideration given Lena Kraft for her agreement;

(b) The plaintiff's...

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