Hohnbach v. Hohnbach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. On February-24, 1908, Robert T. Hohnbach died, leaving n will which was thereafter duly admitted to probate. His widow died on February 28, 1908, four days after his death.
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Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. On February-24, 1908, Robert T. Hohnbach died, leaving n will which was thereafter duly admitted to probate. His widow died on February 28, 1908, four days after his death. The plaintiffs herein are the minor grandchildren of the testator, and by their guardian this action is brought for the construction of the will, their contention being that the fee to the real estate is vested in them and that the children of the testator receive but a life estate or conditional fee. The defendants, the children…
1Opinion of the CourtBarNes, J.
This appeal presents but a single question. The appellants insist that the words “In case any of my said children shall die without leaving lawful issue them surviving” apply and extend to a death at any time. Respondents contend that they were intended to apply to a death occurring during the lifetime of the testator or of the life tenant. If appellants are correct, the children after the death of their mother took a life estate only. If respondents are correct, they took-the fee.
After devising a life estate to his wife during widowhood, the testator proceeds in very plain and apt language…
2Cases cited2 opinions
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Korn v. FrizWisconsin Supreme Court · 1906
3Cited by4 opinions
- Grotenrath v. GrotenrathWisconsin Supreme Court · 1934
- Pyne v. PyneCourt of Appeals for the D.C. Circuit · 1946
- In re Will of WolberSupreme Court of Iowa · 1922
- Orendorf v. Fayette Farms, Inc.Court of Appeals for the Sixth Circuit · 1939