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Wills, Trusts & Estates Keyed to Gallanis
Callahan’s Estate
Citation:
29 N.W.2d 352 (Wis. 1947)Facts
Eva Callahan died in June 1945 as a result of an illness with which she was stricken on the preceding January 21st. Her husband, Dr. John L. Callahan, Sr., died on January 5, 1945. The Callahans were the parents of two children then living, John Jr. and Albert. Hale, an attorney, determined that the destruction of the 1944 wills did not reinstate the 1940 wills. He drew a new will for Dr. Callahan almost identical with his 1940 will and took it to him for execution. He then informed the doctor and Mrs. Callahan that their 1940 wills had not been revived by destruction of the later wills. Mrs. Callahan was stricken on January 21. She was taken to the hospital immediately and died the following June. Mrs. Callahan’s will of 1940 and will of 1944 were offered for probate in the alternative.
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