Ohse v. Miller
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Chester A. Eowler, Circuit Judge. This is a contest over the construction of tbe u. T of George William Ohse, who died at the age of seventy-seven, leaving a -widow, a son, and four daughters, all of adult age.
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Appeal from a judgment of tbe circuit court for Eond du Lac county: Chester A. Eowler, Circuit Judge. This is a contest over the construction of tbe u. T of George William Ohse, who died at the age of seventy-seven, leaving a -widow, a son, and four daughters, all of adult age. By his will he devised all his property, real and personal, to his son, William Ohse (except one cow, which was to go to his wife, Johanna), with the provision that “said William Ohse is to-pay to the said Johanna Ohse $800, to be1 paid to her as it becomes necessary for her needs,” and also to pay a certain specified…
1Opinion of the Court
Winslow, O. J.
Various rules have been laid down by the courts as helpful in the construction of uncertain clauses in wills. Rone of them are inflexible, however, and all yield to the cardinal rule that Hie words of a will are to be construed so as to give effect to the intention of the testator, which intention is to be ascertained from the language of the will itself, in the light of the circumstances surrounding the testator at the time of its execution. In re Donges’s Estate, 103 Wis. 497, 79 N. W. 786.
The question here is whether the testator intended to make .an absolute gift to his wife…
2Cases cited4 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Patton v. LudingtonWisconsin Supreme Court · 1899
- In re Will of BouckWisconsin Supreme Court · 1907
- Johnson v. GrothSupreme Court of Minnesota · 1907
3Cited by16 opinions
- Miller v. PayneWisconsin Supreme Court · 1912
- Will of ReynoldsWisconsin Supreme Court · 1912
- Bresnehan v. BresnehanWisconsin Supreme Court · 1936
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- Thatcher v. FouksWisconsin Supreme Court · 1931
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