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ESTATE OF MOLAY

No. 179.

46 Wis.2d 450 (1970)

175 N.W.2d 254

ESTATE OF MOLAY: LONG, Guardian ad litem, Appellants, v. MOLAY and another, Respondents.

Supreme Court of Wisconsin.

Decided March 31, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by J. Richard Long and Blakely & Long, all of Beloit, and oral argument by J. Richard Long.

For the respondent Sue E. Molay there was a brief by William F. Donovan and Noll, Donovan & Bolgrien, all of Beloit, and oral argument by William F. Donovan.

HEFFERNAN, J.

No attempt has been made by the creditor, Beloit State Bank, to collect any portion of the indebtedness from Sue E. Molay, who was, with her husband, a signatory to the notes. It is apparent, however, that, if the surviving wife has an obligation to the estate by reason of being a comaker of the notes, the executor is obliged to seek contribution from her; and it is particularly the duty of the guardian ad litem to preserve the estate for the...

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