Will of Mitchell
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Iowa county: Geoege ClemeNtsoN, Circuit Judge. Proceeding for tbe construction of tbe will of William J. Mitchell, deceased. Tbe will was made December 7, 1894. Tbe testator bad eight children. Tbe oldest was about fifty-five and tbe youngest forty years of age. He bad forty grandchildren. One of his sons, — William Henry Mitchell, — in his forty-seventh year and on May 10, 1892, married a woman aged forty-fonr years.
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Appeal from a judgment of tbe circuit court for Iowa county: Geoege ClemeNtsoN, Circuit Judge. Proceeding for tbe construction of tbe will of William J. Mitchell, deceased. Tbe will was made December 7, 1894. Tbe testator bad eight children. Tbe oldest was about fifty-five and tbe youngest forty years of age. He bad forty grandchildren. One of his sons, — William Henry Mitchell, — in his forty-seventh year and on May 10, 1892, married a woman aged forty-fonr years. Neither had been married before. She was forty-seven when the will was made. The testator was an illiterate man. He possessed…
1Opinion of the CourtMabshall, J.
The purpose of a testator is to be strictly carried out if it can be fairly gathered from the language used to express it in the light of the entire instrument and the characterizing circumstances.
The rule stated applies in determining whether the word “child” of another in a will refers to a child of the blood of such other or an adopted child. Lichter v. Thiers, 139 Wis. 481, 121 N. W. 153.
The trial court in determining the precise meaning intended by a testator in using a particular expression deals with matter of fact to be solved from evidentiary inferences *331and, in ease of a result being…
2Cases cited1 opinion
- Lichter v. ThiersWisconsin Supreme Court · 1909
3Cited by8 opinions
- San Francisco Presbyterian Orphanage & Farm v. HansonCalifornia Court of Appeal · 1938
- Will of Mechler v. LuettgerodtWisconsin Supreme Court · 1944
- In Re Trust Created by Will of PatrickSupreme Court of Minnesota · 1960
- Hall v. CrandallCourt of Chancery of Delaware · 1941
- Will of McIlhattanWisconsin Supreme Court · 1927
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