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eBook details

• Title: Estate Rosenstein State v. Beggs
• Author : Supreme Court of Wisconsin
• Release Date : January 05, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

This appeal by the state of Wisconsin is from an order requiring the state treasurer to pay Lyall T. Beggs, special administrator
of the estate of William R. Gaspard, the sum of $3,832.40 held in the state school fund under sec. 318.03 (1), Stats. The
order is technically designated a certificate to pay escheated funds. This case involves an unclaimed legacy, not unknown
heirs, and is a proceeding under sec. 318.03 (4) brought in the probate proceeding of the estate of the testator. The state
of Wisconsin raises three questions, none of which we consider to have sufficient merit to require a reversal. The petition claiming the funds alleged William R. Gaspard died intestate in the state of Illinois on a date unknown to the
petitioner more than ten years prior to the date of the petition, which was verified on August 14, 1967. It further alleged,
in effect, the legacy left to Gaspard was held by the executor of the will of Lillian Gaspard Rosenstein for 120 days as an
unclaimed legacy and then paid over to the treasurer of the state of Wisconsin on August 3, 1960, in accordance with sec.
318.03 (1), Stats. The petition also alleged that on August 18, 1960, the state treasurer published notice to heirs of the
escheated funds and required claims to be made within seven years from the date of publication and that the seven years had
not expired.

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