Milwaukee Protestant Home for the Aged v. Ober

The following opinion was filed November 9, 1932:

RoseNBErry, C. J.

The paragraph of the will of Es-chines P. Matthews by which the trust was created is set forth in the margin.1

*112The claims of the residuary beneficiaries are: (1st) that the $11,269.14 in question belongs to the corpus of the trust and therefore to the remaindermen because it was derived wholly from the proceeds of the sale of the Matthews Building Company’s capital assets and no part of such sum was paid from the corporation’s depreciation reserve; (2d) that even if the amount in question had been derived in whole or in part…