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IN MATTER OF ESTATE OF GOLL

No. 91-0915.

167 Wis.2d 359 (1992)

481 N.W.2d 685

IN the MATTER OF the ESTATE OF Helen GOLL, Deceased: Wisconsin DEPARTMENT OF REVENUE, Respondent-Cross Appellant, v. FIRST BANK (N.A.), As Personal Representative of the Estate of Helen Goll, Shriners Hospital for Crippled Children and Wisconsin Masonic Home, Inc., Co-Appellants-Cross Respondents.

Court of Appeals of Wisconsin.

Decided February 26, 1992.

Attorney(s) appearing for the Case

On behalf of the co-appellant and cross-respondent, First Bank (N.A.), as personal representative of the estate of Helen Goll, the cause was submitted on the briefs of F. William Haberman of Michael, Best & Friedrich of Milwaukee.

On behalf of the respondent and cross-appellant, Wisconsin Department of Revenue, the cause was submitted on the briefs of James E. Doyle, attorney general, and Robert W. Larsen, assistant attorney general.

On behalf of the co-appellant and cross-respondent, Shriners Hospitals for Crippled Children, the cause was submitted on the briefs of Allan E. Iding and Barbara J. Janaszek of Whyte & Hirschboeck S.C. of Milwaukee.

On behalf of the co-appellant and cross-respondent, Wisconsin Masonic Home, Inc., the cause was submitted on the briefs of Thomas W. Godfrey, of Godfrey, Trump & Hayes of Milwaukee.

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

NETTESHEIM, P.J.

Helen Goll (Helen) executed a will in 1977 and a later will and codicil in 1980. The probate court approved a compromise agreement between the competing heirs under the two wills. The compromise agreement admitted Helen's 1977 will and declared Helen's 1980 will and codicil invalid. The issue on appeal is whether the probate court's admission of Helen's 1977 will to probate requires, as a matter of law, that the inheritance taxes be assessed under...

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