IN MATTER OF ESTATE OF WARNER

No. 90-2192.

161 Wis.2d 644 (1991)

468 N.W.2d 736

IN the MATTER OF the ESTATE OF Rachel D. WARNER, a/k/a Rachel Dennis Warner, deceased: Clarence DENNIS, M.D., Petitioner-Appellant, v. CIRCUIT COURT FOR BAYFIELD COUNTY and The Honorable Thomas J. Gallagher, presiding, Respondents.

Court of Appeals of Wisconsin.

Decided March 5, 1991.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Dale R. Clark of Clark & Clark of Ashland.

On behalf of the respondents, the cause was submitted on the brief of Donald J. Hanaway, attorney general and James H. McDermott, assistant attorney general.

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


CANE, P.J.

Clarence Dennis, who sought to be named personal representative of Rachel Warner's estate, appeals an order rejecting his petition for original probate of Warner's will pursuant to sec. 868.01(5), Stats. We concur with the court's characterization of the issue on appeal as whether it abused its discretion by rejecting the petition for administration. Because the court failed to examine the relevant facts necessary...

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