Sawtelle v. Ripley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha, County. Action to construe the will of Ward Witham, deceased. Plaintiff is a granddaughter of deceased, and named as a legatee of $500 in the will. She sets forth in her complaint that doubt and uncertainty has arisen as to the meaning and effect of the fifth clause of the will, and prays for a construction of the same.
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APPEAL from the Circuit Court for Waukesha, County. Action to construe the will of Ward Witham, deceased. Plaintiff is a granddaughter of deceased, and named as a legatee of $500 in the will. She sets forth in her complaint that doubt and uncertainty has arisen as to the meaning and effect of the fifth clause of the will, and prays for a construction of the same. The appellant, as .executor, answered, admitting the .general allegations of the complaint as to the relationship of the parties, the making and probate of the will, and that doubt and uncertainty had arisen as to the construction of…
1Opinion of the CourtWinslow, J.
The plaintiff is in no way interested in the construction of the fifth paragraph of the will. If the bequest in trust therein contained is valid she takes nothing under it, and if it be void the money bequeathed thereby passes under the residuary clause of the will, and becomes a part of the residuum of the estate, in which she does not share. Hawk. "Wills, p. 40. . She was not therefore a proper party to bring an action for construction of the clause of the will in question, not being in any way interested in any possible construction thereof, either as executor, trustee, or cestui gue…
2Cases cited3 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
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