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ESTATE OF ZILLMER

No. 40.

58 Wis.2d 732 (1973)

207 N.W.2d 674

ESTATE OF ZILLMER: ZILLMER and another, Appellants, v. VON BRIESEN, Executor, and others, Respondents.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, attorneys, and Reuben W. Peterson, Jr., and Robert C. Burrell of counsel, all of Milwaukee.

For the respondents the cause was submitted on the brief of Foley & Lardner, attorneys, and Harrold J. McComas, Robert J. Bonner and Jack A. Porter of counsel, all of Milwaukee.

For respondent University of Wisconsin the cause was submitted on the brief of Robert W. Warren, attorney general, and Stephen M. Sobota, assistant attorney general.

PER CURIAM.

The objectors, who are appellants here, are the adopted children of the late brother of the deceased. They will take the estate if there is an intestacy. They have concentrated their attack on the judgment on an argument that the evidence was insufficient to overcome the presumption that Dr. Zillmer destroyed her will with the intention of revoking it. This presumption arose from the fact that the will could not be found. The presumption drops out when...

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