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IN MATTER OF ESTATE OF O'NEILL

No. 92-1939.

186 Wis.2d 229 (1994)

519 N.W.2d 750

In the MATTER OF the ESTATE OF William J. O'NEILL, Deceased: Daniel O'NEILL, Appellant, v. Clare BUCHANAN, Estate of William J. O'Neill, and Eileen E. Cauley, Personal Representative of the Estate, Respondents.

Court of Appeals of Wisconsin.

Decided June 29, 1994.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of George A. Dionisopoulos and Adam J. Wiensch of Foley & Lardner of Milwaukee. There was oral argument by George A. Dionisopoulos.

On behalf of the respondent, Clare Buchanan, the cause was submitted on the brief and oral argument of Lawrence E. Bechler for Jenswold, Studt, Hanson, Clark & Kaufmann of Madison.

An amicus curiae brief was submitted by Scott C. Minter of the Litigation Section of the State Bar of Wisconsin.

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

ANDERSON, P.J.

Daniel O'Neill appeals from an order construing his uncle's last will and testament, and from an order reconsidering and affirming the probate court's prior order. We conclude that Daniel's failure to appear at the will construction hearing required him to move to reopen the decision under §§ 879.31 and 806.07, STATS., before the probate court could entertain any argument by Daniel regarding the will's construction. As Daniel did not show...

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