TREIBER v. KNOLL

No. 85-2115.

135 Wis.2d 58 (1987)

398 N.W.2d 756

Patricia S. TREIBER, Patrick W. Cotter, and First Wisconsin Trust Company, As Co-personal Representatives of the Estate of Irene M. Stackner, Plaintiffs-Respondents, v. Robert R. KNOLL, Milwaukee County Register in Probate, Paul J. McCormack, Milwaukee County Treasurer, Defendants-Appellants, Charles P. SMITH, Treasurer for the State of Wisconsin, Defendant.

Supreme Court of Wisconsin.

Decided January 6, 1987.


Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by George E. Rice, corporation counsel, and John Jorgensen, assistant corporation counsel, and oral argument by Messrs. Rice and Jorgensen.

For the plaintiffs-respondents there was a brief by Jackson M. Bruce, Jr., John A. Rothstein and Quarles & Brady, Milwaukee, and oral argument by Mr. Bruce.


WILLIAM G. CALLOW, J.

This is an appeal from a judgment of the circuit court for Milwaukee County, Judge Leo B. Hanley presiding, which held sec. 814.66(1)(a), Stats., unconstitutional. At the request of the parties, this court granted bypass, pursuant to sec. (Rule) 809.60, Stats.

Section 814.66(1)(a), Stats., establishes the filing fees to be collected by the register in probate in proceedings concerning decedents' estates. This appeal raises the question...

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