ESTATE OF DANIELS

No. 220.

53 Wis.2d 611 (1972)

193 N.W.2d 847

ESTATE OF DANIELS: DANIELS, Appellant, v. DRAVES, Individually and as Executor, Respondent.

Supreme Court of Wisconsin.

Decided February 1, 1972.


Attorney(s) appearing for the Case

For the appellant there was a brief by Konnak, Constantine & Krohn of Racine, and oral argument by Charles M. Constantine.

For the respondent there was a brief by Stewart, Peyton & Crawford of Racine, and oral argument by John Peyton.


HALLOWS, C. J.

At the time the will was made and at the time of the probate of the will, under Wisconsin law a husband had no right to elect against his wife's will. However, under sec. 861.05, Stats., created by ch. 339, sec. 26, Laws of 1969, which became effective April 1, 1971, a husband is now given the right of an election. However, the right of election by the husband existed under the Ohio law in force at the time of the death.

At the time of Mrs....

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