01-2447 In Re the Estate of Stocking v. Stocking

By: dmc-admin//April 22, 2002//

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James L. Stocking appeals from the circuit court order granting partial summary judgment to the Estate of Cynthia M. Stocking. The court concluded: (1) James and his wife, Cynthia, had held their Trout Lake property as tenants in common, and James’s failure to timely file a claim against Cynthia’s estate, resulted in his loss of the right to litigate his ownership interest in the property; and (2) James’s offer of proof to rebut the statutory presumption of his one-half ownership interest in the Trout Lake property was precluded by the dead man’s statute, Wis. Stat. sec. 885.16,3 and he was therefore unable to establish a genuine issue of material fact.

Although our rationale differs from that of the circuit court, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Lamelas, J., Per Curiam

Attorneys:

For Appellant: John A. Stocking, Milwaukee

For Respondent: Phillip J. Halley, Milwaukee; Burton A. Strnad, Milwaukee

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