Bank of Sturgeon Bay v. Schoenbrunn

The difficulty arises here because, while the testator and his wife did not jointly own the home in which they both lived, his will stated:

“With the exception of my home which I hold in joint tenancy with my wife, all the rest, residue and remainder of my estate I give, devise and bequeath to my trustee hereinafter named, upon the trusts herein prescribed.”

Faced by the inapplicability of the “exception” clause, the trial court noted what is clearly the case . . that the testator was mistaken when he stated in his will that his home property was held in joint tenancy with his wife.” The trial…