Will of Owens
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: F. C. Eschwbiler, Circuit Judge. Action for construction of tbe will of Mary Elizabeth Owens, deceased. Tbe will was dated April 1, 1912. Tbe testatrix died a few months thereafter. The will was duly established in the probate court for Milwaukee county, December 31, 1912. All the children of the testatrix survived her.
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: F. C. Eschwbiler, Circuit Judge. Action for construction of tbe will of Mary Elizabeth Owens, deceased. Tbe will was dated April 1, 1912. Tbe testatrix died a few months thereafter. The will was duly established in the probate court for Milwaukee county, December 31, 1912. All the children of the testatrix survived her. There was a daughter, Margaret H. Carroll, wife of Ellis F. Carroll, She died March 1, 1913, and Mr. Carroll was, in due course, appointed administrator of her estate. The following portions of the will are all…
1Opinion of the CourtMaRSHali, J.
What did the testatrix mean by the words, “the share of any deceased child leaving no issue to revert to my other children in equal parts, share and share alike” ? That is the sole question to be determined. As above indi*263cated, tbe trial court reached the conclusion that she meant, the share of any child deceasing at any time before final distribution of the estate, should go to the other children, while appellant contends she meant, any child predeceasing her should so go.
The language under consideration is not altogether free from ambiguity. Therefore we must apply thereto settled rules for…
2Cases cited10 opinions
- Johnson v. AskeyIllinois Supreme Court · 1901
- In re Moran's WillWisconsin Supreme Court · 1903
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Miller v. PayneWisconsin Supreme Court · 1912
- Will of EhlersWisconsin Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Grotenrath v. GrotenrathWisconsin Supreme Court · 1934
- Bresnehan v. BresnehanWisconsin Supreme Court · 1936
- Thatcher v. FouksWisconsin Supreme Court · 1931
- Estate of Mangel v. StrongWisconsin Supreme Court · 1971
- Schroeter v. ReimersWisconsin Supreme Court · 1943
12 more not listed; retrieve them via the Exa API.