Estate of Schwarzbarth

This case involves the enforcement of a testimentary provision requiring decedent’s widow to continue to use decedent’s surname. The majority limits the surname requirement to the community of Harvey’s Lake in which decedent resided at the time of his death and provides an exception for situations where it could inconvenience or embarrass the widow or her current husband. Finding such interpretation to be contrary to the clear intent of the testator, I must respectfully dissent.

The primary consideration in construing and interpreting a will is to give effect to the intent of the testator.…