In Matter of Estate of Graef

This appeal from a judgment of the circuit court for Jefferson county, John B. Danforth, circuit judge, is before the court on certification by the court of appeals pursuant to sec. 809.61, Stats. 1983-84.

This case raises the issue of the devolution of property under the following circumstances: The property is bequeathed to the testator’s spouse with a gift over to another person.1 in the event the spouse predeceases the testator. The testator and the spouse are divorced after the execution of the will, and the spouse survives the testator. Sec. 853.11(3), Stats. 1983-84, bars the spouse…