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IN MATTER OF ESTATE OF EISENBERG

No. 78-461.

90 Wis.2d 620 (1979)

280 N.W.2d 359

IN MATTER OF ESTATE OF Betty R. EISENBERG, Deceased: Alvin H. EISENBERG, Co-Personal Representative of Estate, Appellant, v. Jack M. EISENBERG, Respondent.

Court of Appeals of Wisconsin.

Decided May 31, 1979.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ray T. McCann of Milwaukee, Wisconsin.

For the respondent there were briefs and oral argument by Jackson M. Bruce of Quarles & Brady, Milwaukee, Wisconsin, with whom on the brief was Theodore F. Zimmer and Paul J. Tilleman.

Before Decker, C.J., Cannon, P.J., and Moser, J.

CANNON, P.J.

The facts are simple. Betty and Jack Eisenberg were married in 1931. Betty Eisenberg executed her will in 1945, which left all of her estate to her children. She died January 5, 1977, and her will was admitted to probate on January 20, 1977. Alvin Eisenberg, the co-personal representative of the estate, is the sole surviving child of the marriage, and is the appellant in this action.

On June 3, 1977, Jack Eisenberg, the respondent, filed an election...

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