Bitney v. Odegard

While it is true that a will must be construed in accordance with the evident intention of the testator, when that intention is clearly expressed in appropriate language the instrument admits of no construction. Estate of Allis (1926), 191 Wis. 23, 209 N. W. 945, 210 N. W. 418; Will of Trautwein (1932), 208 Wis. 107, 241 N. W. 334.

The argument that the words of the second paragraph “and to her heirs and assigns forever” are words of substitution is ingenious but tenuous. From time immemorial, even under the rule of Shelley’s Case, these words whether used in a will or a deed have been held to…