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IN MATTER OF ESTATE OF MARTZ

No. 91-2090.

171 Wis.2d 89 (1992)

491 N.W.2d 772

IN the MATTER OF the ESTATE OF Alice MARTZ, Deceased: IXONIA STATE BANK, Petitioner, v. Isabel V. SCHUELKE, Respondent. IXONIA STATE BANK, Plaintiff-Appellant, v. Myra Martz HUTH and John Martz, Defendants-Third Party Defendants, v. Isabel V. SCHUELKE, Defendant-Third Party Plaintiff-Respondent.

Court of Appeals of Wisconsin.

Decided August 26, 1992.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant, the cause was submitted on the briefs of Thomas D. Georgeson, of Brendemuehl, Georgeson & Uber of Oconomowoc.

On behalf of respondent, the cause was submitted on the brief of William F. Hue, of Krek & Hue, S.C. of Jefferson.

Before Nettesheim, P.J., Brown and Anderson, JJ.

ANDERSON, J.

Ixonia State Bank (bank) appeals an order of the probate court1 granting partial summary judgment to Isabel Schuelke on her counterclaim against the bank for damages resulting from the bank's refusal to pay her funds from an account she held as a surviving joint tenant with the decedent, Alice Martz. The probate court held that survivorship title to the account vested in Schuelke...

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