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IN RE ESTATE OF SHEPHERD

No. 2011AP2521.

823 N.W.2d 523 (2012)

344 Wis.2d 440

2012 WI App 116

In re the ESTATE OF Donald E. SHEPHERD. Ramona Czaplewski, Appellant, v. Daniel E. Shepherd, as Personal Representative of the Estate of Donald Shepherd, Respondent, Steven E. Shepherd, Rebecca Kayser and Kelly Wuttke, Interested Persons.

Court of Appeals of Wisconsin.

Opinion Filed September 12, 2012.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Daniel P. Fay and Erin K. Fay of Oakton Avenue Law Offices, S.C., Pewaukee and Thomas D. Georgeson , Oconomowoc.

On behalf of the respondent-respondent, the cause was submitted on the brief of Donal M. Demet of Demet & Demet, LLC, Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

NEUBAUER, P.J.

¶ 1 Ramona Czaplewski appeals from a trial court order admitting the will of her father, Donald Shepherd, to probate. Due to an attorney drafting error, the will did not contain a specific reference to the power of appointment as required under the Marital Property Agreement (MPA) executed by Donald and his predeceased wife, Lulu Mae Shepherd. Ramona contends that without the reference to the power of appointment, the will is nonbinding and the...

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