Will of Scholl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNSON, Circuit Judge. Appeal from a judgment of tbe circuit court for Milwaukee county, construing the will of Hannah Scholl, who died testate, leaving, surviving her, two brothers and three sisters, besides children and grandchildren of seven deceased brothers and sisters.
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Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNSON, Circuit Judge. Appeal from a judgment of tbe circuit court for Milwaukee county, construing the will of Hannah Scholl, who died testate, leaving, surviving her, two brothers and three sisters, besides children and grandchildren of seven deceased brothers and sisters. The provisions of her will in regard to the distribution of the residue of her estate left after payment of her debts, expenses of her last sickness, and some specific bequests, constitute the portion called in question. They are in the following…
1Opinion of the CourtMarshall, J.
Did the testatrix intend to include children and grandchildren of deceased nephews and nieces in the distribution of her bounty by the use of the words, “ I give and bequeath one twelfth to the children of each of my deceased brothers and sisters; ” and “ in case of the decease of either, ... I bequeath his or her share to be equally divided among his or her children ? ” That is the first question presented for consideration, and it must be solved by applying to the language of the testatrix, in the light of all other provisions of the will and the general scheme manifestly in her mind when…
2Cases cited3 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- Bowker v. BowkerMassachusetts Supreme Judicial Court · 1889
- In re the Estate of SchedelCalifornia Supreme Court · 1887
3Cited by14 opinions
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Butcher v. PollardOhio Court of Appeals · 1972
- Tuttle v. WoolworthNew Jersey Court of Chancery · 1908
- Will of Tousey v. TouseyWisconsin Supreme Court · 1951
- Agnew v. McCarthyCalifornia Court of Appeal · 1944
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