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IN MATTER OF ESTATE OF JACKSON

No. 93-2308.

186 Wis.2d 439 (1994)

521 N.W.2d 173

IN the MATTER OF the ESTATE OF Diane E. JACKSON, Deceased: James Earl JACKSON, Appellant, v. Sidney GRAY, Personal Representative of the Estate of Diane E. Jackson, and the children of Diane E. Jackson, Respondents.

Court of Appeals of Wisconsin.

Decided July 19, 1994.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Leonard V. Brady of Christian Legal Services, Ltd., of Milwaukee.

On behalf of the respondents, the cause was submitted on the briefs of Daniel J. Cook of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

FINE, J.

James Earl Jackson appeals from an order of the trial court disqualifying him as an heir of his wife, Diane Jackson, as the result of his conviction for first-degree reckless homicide in her death, see § 940.02(1), STATS. Jackson argues that he was entitled to an evidentiary hearing pursuant to § 852.01(2m)(br), STATS., to determine his qualification to inherit. We agree and reverse.

Ms. Jackson did not leave a will. Mr. Jackson,...

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