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IN RE ESTATE OF FETZER: CLAUSEN, APPELLANT v. FETZER, EXR., ET AL., APPELLEES.

Supreme Court — Dismissal — No debatable constitutional question involved — Gifts — Note to third person — To be delivered to maker and considered cancelled on holder's death — Court of Appeals held note not part of holder's estate — Reversal by two judges — Section 6, Article IV, Constitution.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.

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IN RE ESTATE v. FETZER
(Mar 6, 1940)