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IN MATTER OF ESTATE OF HILLMAN

No. 83-1752.

122 Wis.2d 711 (1985)

363 N.W.2d 588

IN the MATTER OF the ESTATE OF William F. HILLMAN, Deceased, Delmer JORNS, Appellant, v. Ervin ROEHRBORN, Personal Representative, Respondent.

Court of Appeals of Wisconsin.

Decided January 22, 1985.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Smith & O'Neil, S.C., Faye L. Calvey, and R. George Burnett of counsel, all of Milwaukee.

For the respondent the cause was submitted on the brief of Stauber, Dehn, Wynia & Kissinger, Lawyers Chartered, and Dennis A. Juncer of Marshfield.

Before Cane, P.J., Dean and LaRocque, JJ.

CANE, P.J.

Delmer Jorns appeals a judgment construing William F. Hillman's will. The trial court held that part of the residuary of Hillman's estate should pass by the laws of intestacy because both the primary beneficiary and the substitute beneficiary predeceased the testator. The issues on appeal are:

(1) Whether Hillman made a gift by implication to the heirs of the primary beneficiary, and (2) Whether the heirs succeed to the interest of the...

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