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JONES v. ESTATE OF JONES

No. 01-1025.

253 Wis.2d 158 (2002)

2002 WI 61

646 N.W.2d 280

Mary Ann JONES, Plaintiff-Appellant, v. The ESTATE OF Robert G. JONES, Defendant, Lane JONES and Robert Jones, Individually and in their capacity as Co-Personal Representatives of the Estate of Robert G. Jones, deceased, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 18, 2002.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Dennis H. Milbrath, Robert J. Asti and Levy & Levy, S.C., Cedarburg, and oral argument by Dennis H. Milbrath.

For the defendants-respondents there was a brief (in the court of appeals) by Robert H. Halvorsen and Halvorsen Law Offices, S.C., Sheboygan, and oral argument by Robert H. Halvorsen.

¶ 1. N. PATRICK CROOKS, J.

This case is before the court on certification from the Court of Appeals, District II, pursuant to Wis. Stat. § 809.61 (1999-2000). The parties dispute whether a spouse can waive the homestead protection in a premarital agreement. Mary Ann Jones (hereinafter Mary Ann) and Robert G. Jones (hereinafter Robert), in contemplation of marriage, signed a prenuptial agreement stating, among other things, that each party shall hold his...

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