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LANDWEHR v. CITIZENS TRUST CO.

No. 81-969.

110 Wis.2d 716 (1983)

329 N.W.2d 411

Oswald LANDWEHR, Plaintiff-Appellant-Petitioner, v. CITIZENS TRUST COMPANY, a Wisconsin corporation as personal representative of the Estate of Otto Anthony Landwehr, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided February 3, 1983.

Attorney(s) appearing for the Case

For the plaintiff-petitioner there were briefs and oral argument by Robert C. Hahn, Sheboygan.

For the defendant-respondent there was a brief by James O. Conway and Chase, Olsen, Kloet & Gunderson, Sheboygan, and oral argument by Mr. Conway.

Affirming 105 Wis.2d 765, 318 N.W.2d 24 (Ct App).

LOUIS J. CECI, J.

The issue presented is whether a cause of action in negligence arises out of a testator's failure to properly execute his will. The trial court granted the defendant's motion to dismiss the complaint, and the court of appeals affirmed. We conclude that the complaint fails to state a claim upon which relief can be granted, because this alleged breach of contract is not actionable in tort. Accordingly...

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