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JOHNSON v. MIELKE

No. 166.

49 Wis.2d 60 (1970)

181 N.W.2d 503

JOHNSON, Executrix of the Estate of Rose M. Breault, Respondent, v. MIELKE and others, Appellants: KOSA and others, Defendants.

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

For the appellant Laura Belisle there was a brief by Gaylord & Lindsay of River Falls, and oral argument by Robert W. Lindsay.

For the appellants John P. and Hazel R. Mielke there was a brief by Gavic & Richardson of Spring Valley, and oral argument by Robert J. Richardson.

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

BEILFUSS, J.

The issues raised by defendant-appellant Laura Belisle are:

1. Did the trial court err in refusing to allow the testimony of John Mielke with respect to the intent of the decedent in creating the joint accounts?

2. Did the trial court err in considering the provisions of decedent's will and testament when it had not been offered in evidence?

3. Were the court's findings of fact contrary to the evidence?

4. Was there clear...

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