Hipsch v. Hipsch

It is stated in the trial court’s opinion :

“It seems clear that testator intended to devise and bequeath to his wife only a part of his estate and the residue, upon termination of the trust, to go to his brother, two sisters, and his wife. We cannot hold that he intended all of his property to go to his widow which would be the result under the statutes (237.02) (318.01) had he not lawfully devised or bequeathed the same.”

Sec. 237.02, Stats., provides:

“Homestead how to descend. When the owner of any homestead shall die, not having lawfully devised the same, such homestead shall descend in the…