Bresnehan v. Bresnehan

The following opinion was filed February 4, 1936:

Martin, J.

The main question for our consideration is the construction of the will 'set out in the foregoing statement of facts. This does not necessarily involve a consideration of the question of the validity of the adoption proceedings. The widow has not declined to take under the will.

*59An elementary rule for judicial construction of a will is that the intention of the testator should prevail so far as it can be read out of the language used to express it. In Will of Ehlers, 155 Wis. 46, 143 N. W. 1050, this court, speaking through Justice…