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Dispositions of Property in Will

WI Court of Appeals – District III

Case Name: Jeffrey J. Harberts v. The Estate of Merle J. Harberts

Case No.: 2021AP002138

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Dispositions of Property in Will

This appeal arises out of a conflict over the division of multiple parcels of real estate pursuant to the terms of Merle J. Harberts’s will. Jeffrey J. Harberts appeals from a circuit court order approving the personal representative’s proposed disposition of the properties over his objections. On appeal, Jeffrey also challenges the procedure for the disposition of the properties that the court had previously ordered.

As the circuit court recognized, “There’s no requirement to be fair in this.” The fact that Jeffrey did not receive any of Merle’s properties does not violate the terms of the will because the will clearly contemplated that result. Thus, the appeals court lacks jurisdiction to review Jeffrey’s arguments pertaining to the prior order regarding the procedure for disposition of the properties.


Decided 02/28/23

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