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ESTATE OF SCHMALZ

No. 81.

58 Wis.2d 220 (1973)

206 N.W.2d 141

ESTATE OF SCHMALZ: SCHMALZ and others, Appellants, v. McKENNA and others, Respondents.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellants Julius Schmalz, Marie Theresa Vredenbreght, Mary Ann Fellner, Robert A. Vida, Marjorie Vida and Joseph Bauernfeind, there were briefs by Petrie, Stocking, Meixner & Zeisig, S. C., and Edmond F. Zeisig, all of Milwaukee, and oral argument by Edmond F. Zeisig.

For the respondents there was a brief by Harold R. Cox, attorney, and Stephen R. Miller of counsel, both of Milwaukee, and oral argument by Mr. Miller.

BEILFUSS, J.

We first consider the respondents' claim of estoppel by record in the proceedings for admission of the will to probate.3 The doctrine of estoppel by record prevents a party from litigating again what was actually litigated or might have been litigated in a former action. Gohr v. Beranek (1954), 266 Wis. 605, 64 N.W.2d 246; Kuchenreuther v. Chicago, M., St. P. & P. R. Co....

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