1995 Wisconsin Act 225

809.83 (1) (a) (intro.) If the court finds that an appeal was taken for the purpose of delay, it may award: (a) double any of the following:

1. Double costs; (b) a.

2. A penalty in addition to interest not exceeding 10% on the amount of the judgment affirmed; (c) damages .

3. Damages occasioned by the delay; and (d) reasonable attorneys.

4. Reasonable attorney fees.

(b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed, the cross-respondent's brief.

Note: Subdivides provision for greater readability and conformity with current style.

225,504 Section 504 . 810.13 of the statutes is renumbered 810.13 (1) (intro.) and amended to read:

810.13 (1) (intro.) Upon the trial, the court or jury shall find: (1) whether all of the following:

(a) Whether the plaintiff is entitled to possession of the property involved; (2) whether.

(b) Whether the defendant unlawfully took or detained the same; (3) the property involved.

(c) The value thereof; (4) the of the property involved.

(d) The damages sustained by the successful party from any unlawful taking or unjust detention of the property to the time of the trial.

(2) Judgment shall go be entered in accordance with s. 810.14.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,505 Section 505 . 814.70 (9) (a) 5. of the statutes is amended to read:

814.70 (9) (a) 5. Recording a certificate of sale with the register of deeds.

Note: Inserts missing “the".

225,506 Section 506 . 815.58 of the statutes is amended by replacing “incumbrancer" with “encumbrancer" and by replacing “incumbrance" with “encumbrance".

Note: Inserts preferred spelling.

225,507 Section 507 . 818.12 of the statutes is amended by replacing “deliver it to clerk" with “deliver it to the clerk".

Note: Inserts “the" for improved readability.

225,508 Section 508 . The amendment of 818.20 of the statutes by 1993 Wisconsin Act 481 is not repealed by 1993 Wisconsin Act 486. Both amendments stand.

Note: There is no conflict of substance.

225,509 Section 509 . 853.13 of the statutes is amended to read:

853.13 When will is contractual. (1) A contract not to revoke a will can be established only by any of the following:

(a) provisions Provisions of the will itself sufficiently stating the contract;.

(b) an An express reference in the will to such a contract not to revoke the will and evidence proving the terms of the contract; or.

(c) if If the will makes no reference to a contract, clear and convincing evidence apart from the will.

(2) This section applies to a joint will (, except if one of the testators has died prior to April 1, 1971) , as well as to any other will; there. There is no presumption that the testators of a joint will have contracted not to revoke it.

Note: Replaces parentheses and punctuation consistent with current style.

225,510 Section 510 . 853.59 (form) (2) (A) of the statutes is amended by replacing “education [of my descendants]" with “education".

Note: Deletes surplusage language consistent with the terminology of this provision.

225,511 Section 511 . 863.11 (1) of the statutes is renumbered 863.11 (1) (a) (intro.) and amended to read:

863.11 (1) (a) (intro.) Except as provided in sub. (2) and s. 853.25, shares of the distributees abate, without any preference or priority as between real and personal property, in the following order: (a) property

1. Property not disposed of by the will; (b) residuary.

2. Residuary bequests; (c) general .

3. General bequests; (d) specific .

4. Specific bequests.

(b) A general bequest charged on any specific property or fund is, for purposes of abatement, deemed considered property specifically bequeathed to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is deemed considered a general bequest to the extent of the failure or insufficiency. Abatement within each classification under par. (a) 1. to 4. is in proportion to the amounts of that property each of the beneficiaries would have received had full distribution of that property been made in accordance with the terms of the will.

Note: Subdivides provision for greater readability and consistency with style.

225,512 Section 512 . 879.23 (1) of the statutes is amended by replacing “persons whose interest are" with “persons whose interests are".

Note: Corrects spelling.

225,513 Section 513 . 881.01 (2) of the statutes is renumbered 881.01 (2) (a) (intro.) and amended to read:

881.01 (2) (a) (intro.) Notwithstanding sub. (1), a fiduciary shall not purchase or otherwise invest in common stocks if the percentage of the fund invested in common stocks immediately after such purchase or investment will exceed 50% of the total market value of the fund. The preceding sentence shall not be construed a) to require do any of the following:

1. Require the sale or other liquidation of a portion of a fund's holdings of common stocks even though at any given time the market value of the common stock investments of the fund exceeds 50% of the total market value of the fund, or b) to prevent.

2. Prevent the reinvestment of the proceeds of the sale or other disposition of common stocks in other common stocks even though at the time the market value of the common stock investments of the fund exceeds 50% of the total market value of the fund.

(b) A fiduciary may rely upon published market quotations as to those investments for which such published quotations are available, and upon such valuations of other investments as are fair and reasonable according to available information.

(c) The purchase and investment limitations of this subsection are not applicable to any bank or trust company authorized to exercise trust powers.

Note: Subdivides provision and replaces language for greater conformity with current style.

225,514 Section 514 . 891.39 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing “guardian's compensation" with “guardian ad litem's compensation".

Note: Inserts complete term for clarity.

225,515 Section 515 . 895.055 of the statutes is renumbered 895.055 (1) and amended to read:

895.055 (1) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, conveyances or other securities, where the whole or any part of the consideration of such the promise, agreement, note, bill, bond, mortgage, conveyance or other security shall be for money or other valuable thing whatsoever won or lost, laid or staked, or betted at or upon any game of any kind or under any name whatsoever, or by any means, or upon any race, fight, sport or pastime, or any wager, or for the repayment of money or other thing of value, lent or advanced at the time and for the purpose, of any game, play, bet or wager, or of being laid, staked, betted or wagered thereon shall be absolutely void; provided, however, that.

(2) This section does not apply to contracts of insurance made in good faith for the security or indemnity of the party insured shall be lawful and valid.

(3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 561 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

Note: Subdivides provision and reorganizes and replaces text for greater readability and conformity with current style. See also the next section of this bill.

225,516 Section 516 . 895.056 of the statutes is renumbered 895.056 (1) (intro.) and amended to read:

895.056 (1) (intro.) Any In this section:

(b) “Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person any money, property or thing in action, or shall have lost and delivered the same any property to any winner thereof may, within.

(2) (a) A wagerer may, within 3 months after such putting up, staking or depositing property with a stakeholder or 3rd person, sue for and recover the same property from such the stakeholder or 3rd person whether such money, the property or thing in action has been lost or won or whether it has been delivered over by such the stakeholder or 3rd person to the winner or not, and may, within.

(b) A wagerer may, within 6 months after any such delivery by such person the wagerer or the stakeholder of the property put up, staked or deposited, sue for and recover such money, the property or thing in action from the winner thereof if the same property has been delivered over to such the winner ; and if.

(3) If the betting or wagering person shall wagerer does not so sue for and recover such money, the property or thing in action, which was put up, staked or deposited, within the time above limited then specified under sub. (1), any other person may, in the person's behalf and in the person's name, sue for and recover the same property for the use and benefit of the person's wagerer's family or the person's heirs, in case of the person's wager's death,. The suit may be brought against and property recovered from such any of the following:

(a) The stakeholder or a 3rd person if the same the property is still held by the stakeholder or 3rd person, within 6 months after such the putting up, staking or depositing, or from the of the property.

(b) The winner thereof of the property, within one year from the delivery thereof of the property to such the winner.

(4) This section does not apply to any money, property or thing in action that is permitted to be played, bet or wagered under chs. 561 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

Note: Subdivides provision and reorganizes and replaces text for greater readability and conformity to current style. See also the next section of this bill.

225,517 Section 517 . 895.056 (1) (a) of the statutes is created to read:

895.056 (1) (a) “Property" means any money, property or thing in action.

Note: See the previous section of this bill and the accompanying note.

225,518 Section 518 . 895.41 (3) of the statutes is renumbered 895.41 (3) (a) (intro.) and amended to read:

895.41 (3) (a) (intro.) In case of the death of such an employe who was required to give a cash bond dies before such the cash bond is withdrawn in the manner provided in sub. (1) such, the accounting and withdrawal may be effected not less than 5 days after such the employe's death and before the filing of a petition for letters testamentary or of administration in the matter of the decedent's estate, by the employer with the any of the following, in the following order:

1. The decedent's surviving spouse; and if there be no surviving spouse with the.

2. The decedent's children; and if the decedent shall leave no children, the surviving spouse.

3. The decedent's father or mother; and if the decedent shall leave no father or mother, the surviving spouse or children.

4. The decedent's brother or sister, in if the decedent shall leave no surviving spouse, children or parent.

(b) The accounting and withdrawal under par. (a) shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employe as provided in sub. (1).

(c) The amount of such the cash bond, together with principal and interest, to which the deceased employe would have been entitled had the decedent deceased employe lived, shall, as soon as paid out by the depository, be turned over to such the relative of the deceased employe effecting such the accounting and withdrawal with the employer, and such. The turning over shall be a discharge and release of the employer to the amount of such the payment.

(d) If no such relatives designated under par. (a) survive, the employer may apply such the cash bond, or so much thereof as may be necessary, to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by executors and administrators and the. The making of payment in such manner under this paragraph shall be a discharge and release of the employer to the amount of such the payment.

Note: Subdivides provision and replaces languages for greater readability and conformity with current style.

225,519 Section 519 . 906.08 (1) of the statutes is renumbered 906.08 (1) (intro.) and amended to read:

906.08 (1) (intro.) Except as provided in s. 972.11 (2), the credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion, but subject to these the following limitations:

(a) the The evidence may refer only to character for truthfulness or untruthfulness, and.

(b), except Except with respect to an accused who testifies in his or her own behalf, evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

Note: Subdivides provision for greater conformity with current style.

225,520 Section 520 . 910.01 (4) of the statutes is amended by replacing “re-recording" with “rerecording".

Note: Corrects spelling.

225,521 Section 521 . 939.623 of the statutes, as created by 1993 Wisconsin Act 224, is renumbered 939.626.

Note: Confirms renumbering by revisor under s. 13.93 (1) (b). 1993 Wis. Act 97 also created s. 939.623.