Will of Ehlers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNEb, Circuit Judge. Action for construction of a will. Tbe proceeding was commenced in county court.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNEb, Circuit Judge. Action for construction of a will. Tbe proceeding was commenced in county court. It involved tbe meaning of tbis provision of tbe instrument: “I give, devise and bequeath to my children, Mary Neu-meyer (née Ehlers), Minnie Badenz (née Ehlers), Ida Hass (née Ehlers) and Alwine Ehlers to each an undivided one-fifth part of my estate and to tbe children of my son, Carl Hassj whose names are Margarelha Hass, Adela Hass, Mane Hass, Paul Hass and Carl Hass, 'each an undivided one-tenth part of my estate.”…
1Opinion of the CourtMaeshall, J.
Much difficulty is liable to occur in initial trials, involving the construction of wills by taking some par*48ticular adjudications respecting some other wills as controlling, instead of looking to legal principles for guidance, or from following some well known rule for judicial construction ¡as if it were applicable, universally, instead of appreciating .that, in general, sucb rules are to be used in choosing between reasonable meanings of substantial equal dignity and keeping prominently in mind that paramount to all others, is the rule that the intention of the testator should prevail so…
2Cases cited5 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- In re Donges's EstateWisconsin Supreme Court · 1899
- In re the Estate of WoodCalifornia Supreme Court · 1868
- Waters v. HatchSupreme Court of Missouri · 1904
- Ellis v. Rebecca FairbanksMassachusetts Supreme Judicial Court · 1882
3Cited by23 opinions
- Breese v. BennettWisconsin Supreme Court · 1959
- Bresnehan v. BresnehanWisconsin Supreme Court · 1936
- Thatcher v. FouksWisconsin Supreme Court · 1931
- Stone v. StoneWisconsin Supreme Court · 1916
- Will of OwensWisconsin Supreme Court · 1916
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