In Matter of Estate of Hillman

Delmer Jorns appeals a judgment construing William F. Hillman’s will. The trial court held that part of the residuary of Hillman’s estate should pass by the laws of intestacy because both the primary beneficiary and the substitute beneficiary predeceased the testator. The issues on appeal are:(1) Whether Hillman made a gift by implication to the heirs of the primary beneficiary, and(2) Whether the heirs succeed to the interest of the primary beneficiary pursuant to Wisconsin’s anti-lapse statute, sec. 853.27 (1), Stats.

Because the intention that the heirs of the primary beneficiary should…