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IN MATTER OF ESTATE OF SAFRAN

No. 80-108.

102 Wis.2d 79 (1981)

306 N.W.2d 27

IN the MATTER OF the ESTATE OF Helen V. SAFRAN: Martin B. GEDLEN, Edward F. Gedlen and Roman Safran, Appellants and Cross-Respondents, v. UNBORN CHILDREN OF Bernard V. SAFRAN, Jr., by their guardian ad litem, Louis D. Kaiser, Respondents, Bernard SAFRAN, Jr., Respondent and Cross-Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1981.

Attorney(s) appearing for the Case

For Martin G. Gedlen and Edward F. Gedlen there were briefs by Ewald L. Moerke, Jr., Dennis J. Mank and Schroeder, Gedlen, Riester & Moerke of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

For Roman Safran there were briefs by George P. Kersten, Kevin M. O'Donnell and Kersten & McKinnon of Milwaukee, and oral argument by Mr. O'Donnell.

For Unborn Children of Bernard V. Safran, Jr., there was a brief and oral argument by Louis D. Kaiser of Milwaukee.

For Bernard Safran, Jr., there were briefs by Theodore J. Hodan and Fiorenza, Weiss, Amato, Hodan & Belongia, S.C., of Milwaukee, and oral argument by Theodore J. Hodan.

DAY, J.

This case is concerned with the disposition of the estate of Helen V. Safran. Her son, Bernard Safran, Jr., the principal beneficiary of her will, was convicted on a plea of no contest, of causing her death by reckless conduct in violation of sec. 940.06, Stats. (1975).1

The principal issues presented on appeal are:

1. Does the beneficiary's commission of the offense of homicide by reckless conduct disqualify him...

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