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MATTER OF ESTATE OF ANDERSON

No. 88-0295.

147 Wis.2d 83 (1988)

432 N.W.2d 932

IN the MATTER OF the ESTATE OF Donald W. ANDERSON, Deceased: Donald A. ANDERSON and Robbin Rae Jones, Appellants, v. Jerry Anne ANDERSON, Personal Representative of the Estate of Donald W. Anderson, Respondent.

Court of Appeals of Wisconsin.

Decided October 12, 1988.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Hiller & Frank, S.C. by Richard J. Rakita and Marla S. Schneiderman of Milwaukee.

For the respondent the cause was submitted on the briefs of Raasch, Fleming & Reidenbach, S.C. by F.E. Reidenbach and Ralph W. Raasch of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

[1]

FINE, J.

This appeal involves the application of Wisconsin's nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the testator's estate at the time of his death." Estate of Atkinson, 19 Wis.2d 272, 274, 120 N.W.2d 109, 110 (1963). Section...

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