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IN RE ESTATE OF SCHUNK

No. 2007AP2680.

760 N.W.2d 446 (2008)

2008 WI App 157

In re the ESTATE OF Edward A. SCHUNK, Jr. Donna Lemmer, Aimee Schunk Gudis, Jayne Schunk, John Schunk and Virgil Schunk, Appellants, v. Linda SCHUNK, Megan Schunk and Charles Wilkinson, Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 25, 2008.

Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Matthew E. Yde of Strasser & Yde, S.C., Wausau.

On behalf of the respondent, Linda Schunk, the cause was submitted on the brief of Stephanie L. Finn and Terry L. Moore of Herrick & Hart, S.C., Eau Claire.

Before HIGGINBOTHAM, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 VERGERONT, J.

The issue on appeal in this probate action is the proper construction of WIS. STAT. § 854.14 (2003-04),1 which prevents a person who "unlawful[ly] and intentional[ly] kill[s]" another from benefiting under the decedent's will and other instruments. We agree with the circuit court that "unlawful and intentional killing" within the meaning of this statute does not include assisting another to commit suicide. We...

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