Dannenburg v. Dannenburg

I am unable to agree with the majority opinion in this case. It holds the word “receiving” in clause 10 of the will is so indefinite and uncertain as to render the entire clause ambigious and void. No such contention was advanced by either party and the case was not tried in the lower court or briefed in this court on such a theory. All parties to this action assumed that the clause is valid and applied to the legacy of each child and the children of the deceased daughter up to $30,000, but they disagreed as to whether it applied to the residue or remainder in excess of $30,000.

Furthermore, I…