Legal Opinion

Will of Caldwell

Wisconsin Supreme Court

Decided October 13, 1931PublishedCited by 3 opinions

1Opinion of the CourtFairchild, J.

“The rule is well settled that where there is a devise to one person in fee, and, in case of his death without issue, to another, the death referred to is death during the lifetime of the testator, unless there is language in the will which gives fair, clear, and reasonable ground *589for saying that the testator had a different intention.” Lovass v. Olson, 92 Wis. 616, 67 N. W. 605. The language of the will under consideration here is such that its construction, controlled by the rule quoted, makes the death of the legatee mentioned refer to a death occurring during the lifetime of the testatrix.

2Cases cited7 opinions

  1. Miller v. PayneWisconsin Supreme Court · 1912
  2. Korn v. FrizWisconsin Supreme Court · 1906
  3. Will of OwensWisconsin Supreme Court · 1916
  4. Lovass v. OlsonWisconsin Supreme Court · 1896
  5. Chesterfield v. HoskinWisconsin Supreme Court · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Grotenrath v. GrotenrathWisconsin Supreme Court · 1934
  2. Howell v. DeadyDistrict Court, D. Oregon · 1939
  3. Sauer v. SauerWisconsin Supreme Court · 1937

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