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WILL OF BRAY

260 Wis. 9 (1951)

WILL OF BRAY: DOHENY, Appellant, vs. CRAWFORD and others, Respondents.

Supreme Court of Wisconsin.

November 6, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Charles A. Wilson of Superior, and A. W. Richter of Milwaukee, attorneys, and Stetson & Jacobson of Minneapolis, Minnesota, of counsel, and oral argument by Mr. Richter.

For the respondents there was a brief by Crawford & Crawford, and oral argument by Arthur Cirilli, all of Superior.

CURRIE, J.

Paragraph "Second" of the will provided that upon the death of the testator's wife distribution should be made of the principal of the trust fund "to my heirs and next of kin in equal shares" excepting the sister, Mary. The trial court, in its last judgment, from which the present appeal is taken, has in effect construed this provision of the will to require a per stirpes, and not a per capita, distribution of the trust estate among Etha Doheny...

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