McDONALD v. McDONALD

Nos. 52, 53, 73, 260.

53 Wis.2d 371 (1972)

192 N.W.2d 903

McDONALD (Chester R.), a partner, under the firm name and style of McDonald Investment Company, Plaintiff and Respondent, v. McDONALD (Ronald C.), and others, Defendants and Appellants: BLESER and another, Defendants and Respondents. McDONALD (Chester R.), Plaintiff and Respondent, v. McDONALD LUMBER COMPANY, INC., and others, Defendants and Appellants: BLESER and another, Defendants and Respondents. HOWERTON and another, Appellants, v. McDONALD (James L.) and others, Respondents. ESTATE OF McDONALD: McDONALD (Chester R.) and others, Appellants, v. McDONALD (Ronald C.), Executor, and others, Respondents.

Supreme Court of Wisconsin.

Decided January 6, 1972.


Attorney(s) appearing for the Case

For the appellants in Cases Nos. 52 and 53 there were briefs by Bittner, Petitjean & Hinkfuss, attorneys, and Richard G. Greenwood of counsel, all of Green Bay, and oral argument by Robert L. Bittner.

For the plaintiff-respondent in Cases Nos. 52 and 53 there was a brief by Kaftan, Kaftan, Kaftan & Kuehne, S. C., of Green Bay, and oral argument by Robert J. Kaftan.

For the defendants-respondents in Cases Nos. 52 and 53 there was a brief by Habush, Gillick, Habush, Davis & Murphy of Milwaukee, and oral argument by Howard A. Davis.

For the appellants in Case No. 73 there was a brief by Habush, Gillick, Habush, Davis & Murphy of Milwaukee, and oral argument by Howard A. Davis.

For the respondents in Case No. 73 there was a brief by Bittner, Petitjean & Hinkfuss of Green Bay, and oral argument by Robert L. Bittner.

For the appellant Chester R. McDonald in Case No. 260 there was a brief by Kaftan, Kaftan, Kaftan & Kuehne, S. C., of Green Bay, and oral argument by Robert J. Kaftan.

For the appellants Shirley Howerton and Ora Bleser in Case No. 260 there was a brief by Habush, Gillick, Habush, Davis & Murphy of Milwaukee, and oral argument by Howard A. Davis.

For the respondent Ronald C. McDonald, successor executor, there was a brief in Case No. 260 by Evrard, Evrard, Duffy, Holman, Faulds & Peterson of Green Bay, and for respondents Ronald C. McDonald, James L. McDonald, and Robert L. McDonald, heirs at law of Chester S. McDonald, deceased, by Robert L. Bittner of Green Bay, and oral argument by Mr. Bittner and Mr. Joseph P. Holman.


HALLOWS, C. J.

The many questions raised on these appeals require a brief statement of the bare-background facts which give rise to them. Chester S. McDonald and Margaret E. McDonald, his wife, had six children: Ronald, Chester, Jr., James, Robert, Shirley Howerton, and Ora Bleser. Prior to 1950 Mr. and Mrs. McDonald, in their individual capacities operating under the name of McDonald Lumbar Company, accumulated a substantial...

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