Scott v. Ross

It is argued by counsel for appellants, and it seems to be conceded by counsel for respondent, that the judgment of the county court rendered February 14, 1899, was erroneous.

The judgment assigned the remainder as being vested in the children then living instead of being contingent during the life of the surviving widow, liable to be defeated by death prior to her death. In this respect the case is ruled by Cashman v. Ross, 155 Wis. 558, 145 N. W. 199, where it was said (p. 560):

“The devise in the instant case meets the conditions of this language. .It is not a present devise to the children.…