In re Donges's Estate
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. On April 11, 1890, Charles Donges, being childless, but his wife then being pregnant, made and executed his will, with the following material provisions: “ First.
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. On April 11, 1890, Charles Donges, being childless, but his wife then being pregnant, made and executed his will, with the following material provisions: “ First. After my just debts and funeral expenses are paid, I give and bequeath to my beloved wife, Clara Donges, all the real estate of which I may die seised, together with the rents, income, and profits thereof; to have and to hold the same until the youngest of my children, if any be born me, shall attain the age of twenty-one years. Second.…
1Opinion of the CourtDodge, J.
Sec. 2286, R. S. 1818, is, by its terms, to take effect and confer upon an after-born child the share which he would have had in the event of intestacy when the parent, by his will, makes no provision for such child, unless it is also apparent by the will that he intended to make no provision for him. The first question is, therefore, whether or not provision is made for the two respondents, both born after the making of their father’s will, at which time he had no children.
The comprehensive and all-dominating rule in construing walls is that the intention of the testator must be ascertained…
2Cases cited35 opinions
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