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ESTATE OF GOTTHART

No. 155.

56 Wis.2d 563 (1972)

202 N.W.2d 397

ESTATE OF GOTTHART: GOTTHART (Robert) and others, Appellants, v. GOTTHART (Gustave), Respondent.

Supreme Court of Wisconsin.

Decided December 7, 1972.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of J. Richard Sendik and Brendel, Flanagan & Sendik, S.C., all of Wauwatosa.

For the respondent the cause was submitted on the brief of Burke & Schoetz of Milwaukee.

HANLEY, J.

The sole issue on this appeal is whether for purposes of his will, the testator "occupied" a "homestead" at the time of his death.

Appellants contend that because the testator had not lived in this house for approximately a year prior to his death and because it had been rented and all of his personal belongings removed, the testator did not "occupy" a "homestead" at the time of his death within the obvious...

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