Madison General Hospital Medical & Surgical Foundation, Inc. v. Volz

Two issues are presented on appeal:

1. What was the intention of the testatrix, Alma Ganser, in making the bequests in Clause SEVENTEENTH of her will?

2. Does an award to the respondents constitute an improper application of the doctrine of cy pres ?

Intent of Testatrix

The paramount object of will construction is the ascertainment of the testatrix’s intent. Estate of Farber, 57 Wis.2d 363, 368, 204 N.W.2d 478 (1973); Estate of Southey, 26 Wis.2d 335, 338, 132 N.W.2d 532 (1965). This intent is determined from the language of the will itself, considered in light of the circumstances surrounding…