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IN MATTER OF ESTATE OF SCHNEIDER

No. 88-2206.

150 Wis.2d 286 (1989)

441 N.W.2d 335

IN the MATTER OF the ESTATE OF Arthur A. SCHNEIDER, Deceased: David Frederick SCHNEIDER, Petitioner-Appellant, v. Gerald SCHNEIDER, Special Administrator, Respondent.

Court of Appeals of Wisconsin.

Decided April 26, 1989.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Robert C. Hahn of Holden & Hahn, of Sheboygan.

On behalf of the respondent, the cause was submitted on the brief of Carl K. Buesing of Halvorsen & Buesing, of Sheboygan.

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

BROWN, P.J.

David was born to Mary Ann while she was married to Jack Seng. The birth certificate listed his last name as Seng. A few years after David's birth, Mary Ann eloped with Arthur Schneider, taking David with her. David, who now goes by the last name of Schneider, is seeking to inherit Arthur Schneider's estate as a nonmarital child who has been acknowledged as Arthur's son in writings signed by Arthur. We hold that before David may do so, he must first overcome...

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