Flemming v. Griem
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. BueNEll, Circuit Judge. This was a proceeding begun February 5, 1910, in the-county court of Calumet county by Jacob Severin, executor of the will of De Roy, praying for the construction of certain portions of De Roy’s will. On the same day Severin filed his final account, which showed a balance in his hands of $14,871.01 after paying all debts and expenses of administration.
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. BueNEll, Circuit Judge. This was a proceeding begun February 5, 1910, in the-county court of Calumet county by Jacob Severin, executor of the will of De Roy, praying for the construction of certain portions of De Roy’s will. On the same day Severin filed his final account, which showed a balance in his hands of $14,871.01 after paying all debts and expenses of administration. The clauses of the will of which construction was prayed were the following: “3. I give, devise and bequeath to my cousin Amalia Hinseh of Hamburg,…
1Opinion of the CourtWinslow, C. J.
A number of detail errors are alleged, all of which have been examined and found untenable. It is not considered that any good purpose would be subserved by stating them. The only question of fact or of law in the case worthy of discussion is the question as to the meaning of that *611clause of the will which provides that in ease of the death of either of the legatees her legacy “shall be payable to the legal heir or heirs of such legatee.”
Does this include legatees who had died prior to the making of the will ? The circuit court answered this question in the affirmative under the peculiar…
2Cited by1 opinion
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