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IN MATTER OF ESTATE OF HABELMAN

No. 88-0103.

145 Wis.2d 228 (1988)

426 N.W.2d 363

IN the MATTER OF the ESTATE OF Alma I. HABELMAN, deceased: Phillip La PALIO, Jr., Appellant, v. ESTATE OF Alma I. HABELMAN, and Edward Habelman, Respondents.

Court of Appeals of Wisconsin.

Decided May 12, 1988.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief Steven Luse Abbott and Rice & Abbott, S.C., of Sparta.

For the respondents the cause was submitted on the brief of Ralph E. Osborne, of Sparta.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

In certain circumstances sec. 853.15(1), Stats., requires that the beneficiary of a will elect either to take property passing to the beneficiary under the will, or to retain other property which belongs to that beneficiary but is left to a second beneficiary under the will.1

The question is whether sec. 853.18(1), Stats., prevents a court from ordering such an election when the property belonging to the first beneficiary...

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