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MORRISSETTE v. MORRISSETTE

No. 79-1763.

99 Wis.2d 467 (1980)

299 N.W.2d 590

Donald C. MORRISSETTE, Plaintiff-Respondent, v. Aline N. MORRISSETTE by Karen C. Breunig, Personal Representative of the Estate of Aline N. Morrissette, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 27, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Robert M. Waud of Ermenc & Hays of Milwaukee.

For the plaintiff-respondent there was a brief by Sidney Pump of Milwaukee.

Before Voss, P.J., Brown and Scott, J.J.

BROWN, J.

Breunig, personal representative of her mother's estate, attempted to prevent her stepfather from obtaining his share of the homestead, which he had been awarded in a prior divorce judgment. The family court ordered sale of the house and that the proceeds be paid to the court for distribution in accordance with the terms of the divorce. Breunig argues that since the homestead is part of the probate court inventory, only the probate court can order the sale...

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