Allen v. Boomer
Wisconsin Supreme Court
APPEALS from the Circuit Court for Fond, dw Lao County. In 1884, Charity S. Allen executed her last will and testament in due form, the material portions of which are as follows : “ I bequeath to my husband, Edward Allen, my entire estate, both real and personal, of every name and nature. . . . I further bequeath out of my and my husband’s property such sum as may be necessary for the support and education of Charity Wyman and Maud Wyman, daughters of Jason Wyman, and Fred…
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APPEALS from the Circuit Court for Fond, dw Lao County. In 1884, Charity S. Allen executed her last will and testament in due form, the material portions of which are as follows : “ I bequeath to my husband, Edward Allen, my entire estate, both real and personal, of every name and nature. . . . I further bequeath out of my and my husband’s property such sum as may be necessary for the support and education of Charity Wyman and Maud Wyman, daughters of Jason Wyman, and Fred L. Allen, until they shall be twenty-one years of age, according to the mutual agreement between me and my husband, as is…
1Opinion of the CourtLyoN, C. J.
It is earnestly maintained on behalf of the executor and legatee, Edward Allen, that the will of Mrs. Allen is unambiguous in its terms, and hence that no testimony of extrinsic facts is admissible to aid in the construction thereof. We think this is a correct position. Although the will was drawn by a person not learned in the law (one learned in the- law would shrink from drawing such a will), yet it must be admitted that it is clear in its terms, and there is no' difficulty in gathering therefrom what was the intention of the testatrix and what disposition she desired to make of her…
2Cases cited3 opinions
- Knox v. KnoxWisconsin Supreme Court · 1884
- Jones v. JonesWisconsin Supreme Court · 1886
- Ditch v. SennottIllinois Supreme Court · 1886
3Cited by20 opinions
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- Doyle v. FischerWisconsin Supreme Court · 1924
- Campbell v. DunkelbergerSupreme Court of Iowa · 1915
- Hood v. NicholCourt of Appeals of Kentucky (pre-1976) · 1930
- Gabriel v. GabrielWisconsin Supreme Court · 1973
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