ESTATE OF ZASTROW

No. 330.

42 Wis.2d 390 (1969)

166 N.W.2d 251

ESTATE OF ZASTROW: GLEN and MICHAEL NELSON, by Guardian ad litem, Appellants, v. CITY BANK OF PORTAGE, Executor, Respondent.

Supreme Court of Wisconsin.

Decided April 4, 1969.


Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of Arthur W. Swanson of Portage, guardian ad litem, and for the respondent on the brief of William Leitsch of Portage.


WILKIE, J.

The issue before this court is whether sec. 48.92 (2), Stats., bars adopted beneficiaries from taking under a will where they are designated as "children of the body" of their natural parent.

The will of Rose Zastrow provided that if she were predeceased by her nephew, Robert Jimson, his share of her estate would pass "to the child or children of his . . . body." Robert Jimson was the natural father of Glen and Michael. However, after divorcing...

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