ESTATE OF MONTGOMERY


257 Wis. 223 (1950)

ESTATE OF MONTGOMERY: MONTGOMERY, Appellant, vs. KJORSTAD, Executor, and others, Respondents.

Supreme Court of Wisconsin.

June 6, 1950.


Attorney(s) appearing for the Case

For the appellant there was a brief by Brindley & Brewer and James G. Robb, all of Richland Center, and oral argument by F. L. Brewer.

For the respondents there was a brief by Hill, Miller & Hill of Baraboo, and oral argument by James H. Hill, Jr., and James H. Hill, Sr.


BROADFOOT, J.

The sole question to be determined is the intention of the testator in using the phrase "all of the balance of my home farm." In other words, what did the testator have in mind when that phrase was used on the date of the execution of his will?

It is difficult to frame a definition of the word "home," as it has many implications. In its ordinary and usual sense the word "home" refers to the house in which one lives with his family, together with...

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