State v. Harnischfeger

The following opinion was filed April 5, 1932 :

Nelson, J.

This appeal presents two questions for determination :(1) Does the evidence sustain the conclusion of the county court that the gifts made by deceased within two years prior to his death were made in contemplation of death ?(2) Did the court err in striking out the testimony of Dr. Winnemann and, if so, was such error prejudicial?

So much of sec. 72.01 (3), Stats., as requires consideration is as follows:

“Transfers in contemplation of death. When the transfer is of property, made by a resident . . . by . . . gift, made in contemplation…