Fleming v. Bank of Madison

The general rule is set forth in Restatement, 2 Property, p. 961, sec. 231, wherein it is stated:

“When an attempted prior interest fails because the person to whom it is limited renounces it, succeeding interests are accelerated except when (a) the terms and circumstances of the limitation manifest a contrary intent . . . .”

In Will of Uihlein (1953), 264 Wis. 362, 378, 59 N. W. 2d 641, we quoted with approval from 4 Page, Wills (lifetime ed.), p. 89, sec. 1390:

“ ‘Where the enjoyment of possession by the remain-derman is postponed until after the determination of the particular estate and for…