Note: Inserts missing "the".
SB436, s. 506
15Section
506. 815.58 of the statutes is amended by replacing "incumbrancer"
16with "encumbrancer" and by replacing "incumbrance" with "encumbrance".
Note: Inserts preferred spelling.
SB436, s. 507
17Section
507. 818.12 of the statutes is amended by replacing "deliver it to clerk"
18with "deliver it to the clerk".
Note: Inserts "the" for improved readability.
Note: There is no conflict of substance.
SB436, s. 509
21Section
509. 853.13 of the statutes is amended to read:
SB436,201,2
1853.13 When will is contractual. (1) A contract not to revoke a will can be
2established only by
any of the following:
SB436,201,33
(a)
provisions Provisions of the will itself sufficiently stating the contract
;.
SB436,201,54
(b)
an An express reference in the will to
such a contract
not to revoke the will 5and evidence proving the terms of the contract
; or.
SB436,201,76
(c)
if If the will makes no reference to a contract, clear and convincing evidence
7apart from the will.
SB436,201,10
8(2) This section applies to a joint will
(
, except if one of the testators has died
9prior to April 1, 1971
), as well as to any other will
; there. There is no presumption
10that the testators of a joint will have contracted not to revoke it.
Note: Replaces parentheses and punctuation consistent with current style.
SB436, s. 510
11Section
510. 853.59 (form) (2) (A) of the statutes is amended by replacing
12"education [of my descendants]" with "education".
Note: Deletes surplusage language consistent with the terminology of this
provision.
SB436, s. 511
13Section
511. 863.11 (1) of the statutes is renumbered 863.11 (1) (a) (intro.) and
14amended to read:
SB436,201,1715
863.11
(1) (a) (intro.) Except as provided in sub. (2) and s. 853.25, shares of the
16distributees abate, without any preference or priority as between real and personal
17property, in the following order:
(a) property
SB436,201,18
181. Property not disposed of by the will
; (b) residuary.
SB436,201,19
192. Residuary bequests
; (c) general.
SB436,201,20
203. General bequests
; (d) specific.
SB436,201,21
214. Specific bequests.
SB436,202,6
22(b) A general bequest charged on any specific property or fund is, for purposes
23of abatement,
deemed considered property specifically bequeathed to the extent of
1the value of the thing on which it is charged. Upon the failure or insufficiency of the
2thing on which it is charged, it is
deemed considered a general bequest to the extent
3of the failure or insufficiency. Abatement within each classification
under par. (a) 1.
4to 4. is in proportion to the amounts of that property each of the beneficiaries would
5have received had full distribution of that property been made in accordance with the
6terms of the will.
Note: Subdivides provision for greater readability and consistency with style.
SB436, s. 512
7Section
512. 879.23 (1) of the statutes is amended by replacing "persons whose
8interest are" with "persons whose interests are".
Note: Corrects spelling.
SB436, s. 513
9Section
513. 881.01 (2) of the statutes is renumbered 881.01 (2) (a) (intro.) and
10amended to read:
SB436,202,1511
881.01
(2) (a) (intro.) Notwithstanding sub. (1), a fiduciary shall not purchase
12or otherwise invest in common stocks if the percentage of the fund invested in
13common stocks immediately after such purchase or investment will exceed 50% of
14the total market value of the fund. The preceding sentence shall not be construed
15a) to
require do any of the following:
SB436,202,19
161. Require the sale or other liquidation of a portion of a fund's holdings of
17common stocks even though at any given time the market value of the common stock
18investments of the fund exceeds 50% of the total market value of the fund
, or b) to
19prevent.
SB436,202,23
202. Prevent the reinvestment of the proceeds of the sale or other disposition of
21common stocks in other common stocks even though at the time the market value of
22the common stock investments of the fund exceeds 50% of the total market value of
23the fund.
SB436,203,4
1(b) A fiduciary may rely upon published market quotations as to those
2investments for which
such published quotations are available, and upon such
3valuations of other investments as are fair and reasonable according to available
4information.
SB436,203,6
5(c) The purchase and investment limitations of this subsection are not
6applicable to any bank or trust company authorized to exercise trust powers.
Note: Subdivides provision and replaces language for greater conformity with
current style.
SB436, s. 514
7Section
514. 891.39 (1) (b) of the statutes, as affected by
1995 Wisconsin Act
827, is amended by replacing "guardian's compensation" with "guardian ad litem's
9compensation".
Note: Inserts complete term for clarity.
SB436, s. 515
10Section
515. 895.055 of the statutes is renumbered 895.055 (1) and amended
11to read:
SB436,203,2012
895.055
(1) All promises, agreements, notes, bills, bonds, or other contracts,
13mortgages, conveyances or other securities, where the whole or any part of the
14consideration of
such the promise, agreement, note, bill, bond, mortgage, conveyance
15or other security shall be for money or other valuable thing whatsoever won or lost,
16laid or staked, or betted at or upon any game of any kind or under any name
17whatsoever, or by any means, or upon any race, fight, sport or pastime, or any wager,
18or for the repayment of money or other thing of value, lent or advanced at the time
19and for the purpose, of any game, play, bet or wager, or of being laid, staked, betted
20or wagered thereon shall be
absolutely void
; provided, however, that.
SB436,203,22
21(2) This section does not apply to contracts of insurance made in good faith for
22the security or indemnity of the party insured
shall be lawful and valid.
SB436,204,3
1(3) This section does not apply to any promise, agreement, note, bill, bond,
2mortgage, conveyance or other security that is permitted under chs. 561 to 569 or
3under 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.
SB436, s. 516
4Section
516. 895.056 of the statutes is renumbered 895.056 (1) (intro.) and
5amended to read:
SB436,204,66
895.056
(1) (intro.)
Any In this section:
SB436,204,13
7(b) "Wagerer" means any person who, by playing at any game or by betting or
8wagering on any game, election, horse or other race, ball playing, cock fighting, fight,
9sport or pastime or on the issue or event thereof, or on any future contingent or
10unknown occurrence or result in respect to anything whatever, shall have put up,
11staked or deposited
any property with any stakeholder or 3rd person
any money,
12property or thing in action, or shall have lost and delivered
the same any property 13to any winner thereof
may, within.
SB436,204,18
14(2) (a) A wagerer may, within 3 months after
such putting up, staking or
15depositing
property with a stakeholder or 3rd person, sue for and recover the
same 16property from
such the stakeholder or 3rd person whether
such money, the property
17or thing in action has been lost or won or whether it has been delivered over by
such 18the stakeholder or 3rd person to the winner
or not, and may, within.
SB436,204,22
19(b) A wagerer may, within 6 months after any
such delivery by
such person the
20wagerer or
the stakeholder
of the property put up, staked or deposited, sue for and
21recover
such money, the property
or thing in action from the winner thereof if the
22same property has been delivered over to
such the winner
; and if.
SB436,205,7
1(3) If the
betting or wagering person shall wagerer does not
so sue for and
2recover
such money, the property
or thing in action, which was put up, staked or
3deposited, within the time
above limited then
specified under sub. (1), any other
4person may, in the person's behalf and
in the person's name, sue for and recover the
5same property for the use and benefit of the
person's wagerer's family or
the person's 6heirs, in case of the
person's wager's death
,. The suit may be brought against and
7property recovered from
such any of the following:
SB436,205,10
8(a) The stakeholder or
a 3rd person if the
same the property is still held by the
9stakeholder or 3rd person, within 6 months after
such the putting up, staking or
10depositing
, or from the of the property.
SB436,205,12
11(b) The winner
thereof of the property, within one year from the delivery
thereof 12of the property to
such the winner.
SB436,205,15
13(4) This section does not apply to any
money, property
or thing in action that
14is permitted to be played, bet or wagered under chs. 561 to 569 or under state or
15federal 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.
SB436, s. 517
16Section
517. 895.056 (1) (a) of the statutes is created to read:
SB436,205,1717
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.
SB436, s. 518
18Section
518. 895.41 (3) of the statutes is renumbered 895.41 (3) (a) (intro.) and
19amended to read:
SB436,206,220
895.41
(3) (a) (intro.) In case
of the death of such an employe
who was required
21to give a cash bond dies before
such the cash bond is withdrawn in the manner
22provided in sub. (1)
such, the accounting and withdrawal may be effected not less
23than 5 days after
such the employe's death and before the filing of a petition for
1letters testamentary or of administration in the matter of the decedent's estate, by
2the employer with
the any of the following, in the following order:
SB436,206,4
31. The decedent's surviving spouse
; and if there be no surviving spouse with
4the.
SB436,206,6
52. The decedent's children
; and if the decedent shall leave no
children, the 6surviving spouse.
SB436,206,8
73. The decedent's father or mother
; and if the decedent shall leave no
father or
8mother, the surviving spouse or children.
SB436,206,10
94. The decedent's brother or sister
, in if the decedent shall leave no surviving
10spouse, children or parent.
SB436,206,13
11(b) The accounting and withdrawal under par. (a) shall be effected in the same
12manner and with like effect as if such accounting and withdrawal were accomplished
13by and between the employer and employe as provided in sub. (1).
SB436,206,19
14(c) The amount of
such the cash bond, together with principal and interest, to
15which the deceased employe would have been entitled had the
decedent deceased
16employe lived, shall, as soon as paid out by the depository, be turned over to
such the 17relative of the deceased employe effecting
such the accounting and withdrawal with
18the employer
, and such. The turning over shall be a discharge and release of the
19employer to the amount of
such the payment.
SB436,206,25
20(d) If no
such relatives
designated under par. (a) survive, the employer may
21apply
such the cash bond, or so much thereof as may be necessary, to paying creditors
22of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of
23debts by executors and administrators
and the. The making of payment
in such
24manner under this paragraph shall be a discharge and release of the employer to the
25amount of
such the payment.
Note: Subdivides provision and replaces languages for greater readability and
conformity with current style.
SB436, s. 519
1Section
519. 906.08 (1) of the statutes is renumbered 906.08 (1) (intro.) and
2amended to read:
SB436,207,53
906.08
(1) (intro.)
Except as provided in s. 972.11 (2), the credibility of a witness
4may be attacked or supported by evidence in the form of reputation or opinion, but
5subject to
these the following limitations:
SB436,207,7
6(a)
the The evidence may refer only to character for truthfulness or
7untruthfulness
, and.
SB436,207,11
8(b)
, except Except with respect to an accused who testifies in his or her own
9behalf, evidence of truthful character is admissible only after the character of the
10witness for truthfulness has been attacked by opinion or reputation evidence or
11otherwise.
Note: Subdivides provision for greater conformity with current style.
SB436, s. 520
12Section
520. 910.01 (4) of the statutes is amended by replacing "re-recording"
13with "rerecording".
Note: Corrects spelling.
Note: Confirms renumbering by revisor under s. 13.93 (1) (b).
1993 Wis. Act 97 also
created s. 939.623.
SB436, s. 522
16Section
522. 940.20 (5) (title) of the statutes is amended to read:
SB436,207,1817
940.20
(5) (title)
Battery to vocational, technical and adult education
18college district or school district officers and employes.
Note: The vocational, technical and adult education system was renamed the
technical college system by
1993 Wis. Act 399.
SB436, s. 523
19Section
523. 940.20 (5) (a) 2. of the statutes is amended by replacing
20"Vocational, technical and adult education" with "Technical college".
Note: The vocational, technical and adult education system was renamed the
technical college system by
1993 Wis. Act 399.
SB436, s. 524
1Section
524. 940.20 (5) (b) of the statutes is amended by replacing "vocational,
2technical and adult education" with "technical college", in 2 places.
Note: The vocational, technical and adult education system was renamed the
technical college system by
1993 Wis. Act 399.
SB436, s. 525
3Section
525. 940.295 (1) (g) of the statutes is amended by replacing "s. 141.15
4(1) (a)" with "s. 50.49 (1) (a)".
Note: Corrects cross-reference. Section 141.15 (1) (a) was renumbered s. 50.49 (1)
(a) by
1993 Wis. Act 27.
SB436, s. 526
5Section
526. 943.28 (4) of the statutes is amended to read:
SB436,208,86
943.28
(4) Whoever knowingly participates in any way in the use of any
7extortionate means
a) to collect or attempt to collect any extension of credit, or
b) to
8punish any person for the nonrepayment thereof, is guilty of a Class C felony.
Note: Deletes improper subdivision designation for greater conformity with
current style.
SB436, s. 527
9Section
527. 943.41 (2) of the statutes is amended by replacing "the other
10person's financial condition" with "the person's financial condition".
SB436,208,1513
945.095
(1) (b) The person performs the work on the vessel that is equipped
14with the gambling devices at a shipbuilding business that is located in Sturgeon Bay
15or, Manitowoc, Marinette, Superior or La Crosse, Wisconsin.
Note: Replaces unnecessary "or" with comma.