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FOHR v. FOHR

No. 2006AP1559.

735 N.W.2d 570 (2007)

2007 WI App 149

David FOHR, Plaintiff-Appellant, v. Gerald FOHR and Sally Kania, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed May 1, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeff Scott Olson of The Jeff Scott Olson Law Firm, S.C. of Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Keith K. Kost of Eckert, Kost & Vocke LLP of Rhinelander.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 HOOVER, P.J.

David Fohr appeals a summary judgment granted to his siblings, Gerald Fohr and Sally Kania, holding that David is not entitled to partition or a sheriff's sale of a parcel of land the trio jointly holds. The court concluded that ordering partition would be contrary to the terms of the will under which the three and their deceased sister, Sue Tesch, inherited the property. David asserts enforcing the will is impermissibly restrictive. We reject...

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