McMichael v. Peterman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court.for Waukesha ■ county: Maetin L. Lueck, Circuit Judge. Clara M. Bacon made a will whereby, inter alia, she bequeathed to trustees certain sums of money to be invested by them and applied, both income and necessary portions of capital, to the support and comfort of testatrix’s insane son, H. EToble Campbell, during his natural life.
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Appeal from a judgment of the circuit court.for Waukesha ■ county: Maetin L. Lueck, Circuit Judge. Clara M. Bacon made a will whereby, inter alia, she bequeathed to trustees certain sums of money to be invested by them and applied, both income and necessary portions of capital, to the support and comfort of testatrix’s insane son, H. EToble Campbell, during his natural life. She then provided by the twelfth paragraph that, after the death of said son, “I desire that all the rest and residue in the hands of the trustees ... be divided, share and share alike, to my nieces who may be unmarried…
1Opinion of the CourtDodge, J.
It is difficult to realize that there is any ambiguity in the portion of this will under discussion, to arouse a duty of construction. The gift is, in plain language, to such of testatrix’s nieces as at the death of the son shall be unmarried. At that date tire four respondents were nieces and were unmarried, and always had been, while the two appellants, albeit they were nieces, were not unmarried and had not been in a state of celibacy at any time since prior to the making of the will. Appellants contend that ambiguity lurks in the word “unmarried,” because either of the nieces who were…
2Cases cited5 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Webster v. MorrisWisconsin Supreme Court · 1886
- In re Moran's WillWisconsin Supreme Court · 1903
- Moyer v. KoontzWisconsin Supreme Court · 1899
- Williams v. WilliamsWisconsin Supreme Court · 1908
3Cited by4 opinions
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Mathiowetz v. StackWisconsin Supreme Court · 1936
- WILL OF HELLER v. HellerWisconsin Supreme Court · 1968
- Atwood v. Rhode Island Hospital Trust Co.Court of Appeals for the First Circuit · 1921