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ESTATE OF FONK

No. 231.

51 Wis.2d 339 (1971)

187 N.W.2d 147

ESTATE OF FONK: FONK, Appellant, v. ZASTROW and others, Respondents.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Reuben W. Peterson, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Peterson.

For the respondents Susan Zastrow, Grace Pelikan, Loretta Jahnke and Joseph Plauf there was a brief and oral argument by Ralph J. Podell, attorney, and Bernard F. Mathiowetz of counsel, both of Milwaukee.

For the respondent Donald Plauf there was oral argument by Howard E. Halaska of Elm Grove.

HEFFERNAN, J.

In In re Will of Valentine (1896), 93 Wis. 45, 54, 55, 67 N. W. 12, this court stated:

"Where, as here, it is established that the testatrix properly executed a valid will, and the same was last known to be in her possession but cannot be found on her death, there is a prima facie presumption that she destroyed it with the intention of revoking it, but such presumption may be overcome by competent evidence."

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