Sharp v. Estate of Miller

The trial court made no attempt to define the words “at the time of the probate of this will.” The words “probate of a will” have been defined in other jurisdictions and our attention is directed in the briefs to some of the decisions. No claim is made that any Wisconsin case has dealt with the exact wording or has attempted to define the same. We agree with the trial court that it is unnecessary to do so at this time.

The appellant cites as a rule of law that a-provision in a will is not to be so construed as to cut down a gift made in *577positive and clear terms in a prior provision unless it…