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ZOBEL v. FENENDAEL

No. 84-1539.

127 Wis.2d 382 (1985)

379 N.W.2d 887

Lillian ZOBEL, by Herbert Z. Hancox and Helen W. Hancox, her guardians, Plaintiff-Appellant, v. Lee FENENDAEL and Gloria Fenendael, his wife, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 20, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant, briefs were filed by David J. Colwin and Raymond R. Colwin of Colwin, Fortune, Colwin, Pomeroy & English, S.C. Oral argument by David J. Colwin.

For the defendants-respondents, a brief was filed by Kenan J. Kersten of Kersten & McKinnon of Milwaukee and Louis R. Ullenberg of Milwaukee. Oral argument by Kenan J. Kersten.

Before Scott, C.J., Brown, P. J., and Nettesheim, J.

NETTESHEIM, J.

Herbert and Helen Hancox, guardians of Lillian Zobel, appeal from a judgment entered, following a jury trial, dismissing their complaint which sought to void a gift by deed executed by Zobel to Lee and Gloria Fenendael. The jury determined that Zobel was competent at the time she made the gift.

During trial, the Hancoxes sought to amend their complaint to conform to certain evidence which showed that Zobel executed the deed while she was subject...

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