Wis. Stat. » CHAPTER 853 — WILLS
Wisconsin Statutes

Wis. Stat. § 853.35 (2026)

Nonademption of specific gifts in certain instances

✓ current as of July 2026
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853.35853.35 Nonademption of specific gifts in certain instances. The rights of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or condemned before the testator’s death are governed by s. 854.08.
853.35 HistoryHistory: 1993 a. 486; 1997 a. 188.
Notes of Decisions
Cited in 2 cases, 1988–1998 · leading case: Matter of Est. of Anderson, 432 N.W.2d 932 (Wis. Ct. App. 1988).
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Matter of Est. of Anderson, 432 N.W.2d 932 (Wis. Ct. App. 1988). · cites it 19× “This appeal involves the application of Wisconsin’s nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the…”
Barry v. Maple Bluff Country Club, 586 N.W.2d 182 (Wis. Ct. App. 1998). · cites it 2× “1988) (concluding that the burden of proving the proviso of § 853.35, Stats., is on the person seeking to remove circumstances from the statute's purview).”
Wis. Stat. § 853.35(1): 1 case
Matter of Est. of Anderson, 432 N.W.2d 932 (Wis. Ct. App. 1988). “This appeal involves the application of Wisconsin’s nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the…”
Wis. Stat. § 853.35(3): 1 case
Matter of Est. of Anderson, 432 N.W.2d 932 (Wis. Ct. App. 1988). “This appeal involves the application of Wisconsin’s nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the…”
Wis. Stat. § 853.35(7): 1 case
Matter of Est. of Anderson, 432 N.W.2d 932 (Wis. Ct. App. 1988). “This appeal involves the application of Wisconsin’s nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the…”
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