Brazeau v. Stewart

The guardian ad litem challenges the court’s construction and contends that by virtue of the provisions of sec. 238.13, Stats., the grandchildren take under the terms of the will. The statute provides that:

“When a devise or legacy shall be made to any child or other relation of the testator and the devisee or legatee shall die before the testator, leaving issue who shall survive the testator, such issue shall take the estate so given by the will in the same manner as the devisee or legatee would have done if he had survived the testator unless a different disposition shall be made or directed…