IN MATTER OF ESTATE OF BARNES

No. 91-2833-FT.

170 Wis.2d 1 (1992)

486 N.W.2d 575

IN the MATTER OF the ESTATE OF Edwin H. BARNES III, a/k/a Edwin Herman Barnes III: ESTATE OF Edwin H. BARNES III, a/k/a Edwin Herman Barnes III, Appellant, v. Diane Barnes HALL and Gary Barnes, Respondents.

Court of Appeals of Wisconsin.

Decided June 24, 1992.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Richard C. Brodek and Kenneth E. Rusch of DeMark, Kolbe & Brodek, S.C. of Racine. There was oral argument by Richard C. Brodek.

On behalf of the respondents, there was a brief and oral argument by S. Michael Wilk of Heide, Hartley, Thom, Wilk & Guttormsen of Kenosha.

Before Brown, Anderson and Snyder, JJ.


BROWN, J.

This case concerns the interpretation of a clause commonly found in divorce judgments whereby one party to a divorce is ordered to keep in force a life insurance policy with the children as beneficiaries. The question is whether the clause in a 1973 divorce judgment involving the deceased survives the termination of the support obligation. The twin children, now adults, contended, and the trial court agreed, that the intent was to create a "property settlement...

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