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IN MATTER OF ESTATE OF GOLDAMMER

No. 86-1046.

138 Wis.2d 77 (1987)

405 N.W.2d 693

IN the MATTER OF the ESTATE OF Esther Elizabeth GOLDAMMER, Deceased: JOHN DEERE CREDIT COMPANY, Petitioner-Appellant, v. Robert J. GOLDAMMER, Respondent, Jane GOLDAMMER, Jill Goldammer and Julie Goldammer, Intervening Respondents.

Court of Appeals of Wisconsin.

Decided March 4, 1987.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant the cause was submitted on the briefs of George Love of Love, Voss & Dreyfus of Waukesha.

On behalf of the respondent and intervening respondents the cause was submitted on the joint brief of Michael M. Corcoran, S.C. of Waukesha and James L. Steimel, S.C. of Waukesha, respectively.

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

BROWN, P.J.

This case tests whether a debtor can disclaim a bequest received in a will in order to defeat an action begun by a judgment creditor under sec. 813.026, Stats. We hold that unless barred by statute, the disclaimer can defeat the creditor's action. We affirm here because no allegation was made that the disclaimer was barred under a specific statutory provision.

The John Deere Credit Company obtained a judgment against Robert J. Goldammer in the...

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