First National Bank in Oshkosh v. Michael

Appellants’ principal contentions are that: (1) The bequest of the annual payments in monthly instal-ments to testator’s aunt, Sarah E. MacAllister, under the terms of the Fifth paragraph of the will is an annuity and a legacy; (2) the only period of limitation contained in the express words of the testator’s will as to the payments to be made under the trust, is the period of the life of the testator’s sister, Blanche E. Hoyt; and (3) that since the annuity is for the period of the life of another, to wit, testator’s sister, the antilapse statute, sec. 238.13, is applicable, and hence the…