ESTATE OF CHAYKA

No. 219.

47 Wis.2d 102 (1970)

176 N.W.2d 561

ESTATE OF CHAYKA: CHAYKA, APPELLANT, v. SANTINI, ADMINISTRATOR, W.W.A., RESPONDENT.

Supreme Court of Wisconsin.

Decided May 1, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by L. William Connolly of Milwaukee.

For the respondent 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.


ROBERT W. HANSEN, J.

We deal here with a joint, mutual and reciprocal will of a husband and wife where, upon the death of the husband, the survivor wife did not revoke the will but did transfer to her second husband as gifts much of the real and personal property awarded her under the will of her first husband.

The first Chayka appeal asked whether the joint will was founded on contract and thus binding on the survivor. We answered that a conclusive inference...

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