Estate of Markofske

Appellants’ initial argument is that the county court lacked subject matter jurisdiction because (1) the petition dated July 30, 1969, was a petition in the alternative of the three wills executed by Catherine Markofske, and (2) the petitions of May 14, 1969, and July 30, 1969, failed to set forth sufficient facts to state a cause of action or special proceeding under sec. 310.10, Stats., and therefore the county court failed to acquire subject matter jurisdiction.

As to the first argument, i.e., that a petition cannot be in the alternative, respondent-petitioner added the 1959 and 1960 wills…