Will of Brandstedter

Stevens, J.(1) The county court had power to construe the will in the final judgment so far as it was necessary in order to assign the estate of the testator. In fact the court could not assign the estate by the final judgment “without construing the will.” Estate of Lyons, 183 Wis. 276, 279, 197 N. W. 710.(2) The will was so ambiguous as to permit the introduction of proof that would aid the court in determining the intent of the testator. Under the presumption as to the regularity of- judicial proceedings, we must assume the proof taken when the final judgment was entered was confined to…