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ESTATE OF CHAYKA v. CHAYKA

No. 51.

40 Wis.2d 715 (1968)

162 N.W.2d 632

ESTATE OF CHAYKA: SANTINI, Administrator, w. w. a., Appellant, v. CHAYKA, Respondent.

Supreme Court of Wisconsin.

Decided November 26, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Roberts, Boardman, Suhr & Curry of Madison, attorneys, and Santini, Jacobs & McDonald of Ironwood, Michigan, of counsel, and oral argument by Bradway A. Liddle, Jr., of Madison.

For the respondent there was a brief and oral argument by L. William Connolly of Milwaukee.

ROBERT W. HANSEN, J.

The only question raised on appeal is whether the instant will, being joint, mutual and reciprocal, was founded on contract and thus binding on the survivor.1 The trial court held the will not to be founded on contract.

In the present case, respondent made a motion for a construction of the will but offered no evidence as to whether an underlying contract to execute the October 9, 1961, will existed. Appellant...

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