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HANSON v. VALDIVIA

No. 300.

51 Wis.2d 466 (1971)

187 N.W.2d 151

HANSON, Special Administrator, Appellant, v. VALDIVIA, Respondent.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Oldenburg & Lent and Charles P. Dykman, all of Madison, and oral argument by Mr. Dykman.

For the respondent there was a brief by D'Amato & Cusack, attorneys, and Neal P. Nettesheim of counsel, all of Waukesha, and oral argument by Mr. Nettesheim.

BEILFUSS, J.

Two issues are presented on this appeal:

(1) Does a cause of action for criminal conversation or alienation of affections survive the death of the wronged party when the complaint alleges no damage to the property rights or interests of the deceased?

(2) May the special administrator of the decedent's estate maintain an action for wrongful death when there is a surviving spouse who has participated...

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