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IN MATTER OF ESTATE OF BERTH

No. 90-0363.

157 Wis.2d 717 (1990)

460 N.W.2d 436

IN the MATTER OF the ESTATE OF Gerald L. BERTH: Jayne A. HOBERG and Al Lange, Appellants, v. Marleen BERTH and the Estate of Gerald L. Berth, Respondents.

Court of Appeals of Wisconsin.

Decided August 14, 1990.

Attorney(s) appearing for the Case

On behalf of appellant, Jayne A. Hoberg, the cause was submitted on the brief of and orally argued by Eugene L. Kaluzny of Milwaukee.

On behalf of appellant, Al Lange, the cause was submitted on the briefs of and orally argued by John H. Schiek of O'Melia, Schiek & McEldowney, S.C. of Rhinelander.

On behalf of respondents, the cause was submitted on the brief of and orally argued by Kirk Reese of Eckert Law Office of Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Jayne Hoberg and Al Lange, subpoenaed to give depositions in the special administration of the Estate of Gerald L. Berth, appeal an order denying their motions to quash the subpoenas. This court granted leave to appeal. Hoberg asserts that the circuit court is not vested with any special authority under the probate statutes in ch. 867, Stats., to exceed the limits placed on taking a deposition set forth in ch. 804, Stats. We agree and therefore reverse...

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