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COULTER v. DEPARTMENT OF TAXATION

259 Wis. 115 (1951)

COULTER and others, Trustees, Respondents, vs. DEPARTMENT OF TAXATION, Appellant.

Supreme Court of Wisconsin.

April 3, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General, and Harold H. Persons and E. Weston Wood, assistant attorneys general, and oral argument by Mr. Wood.

For the respondents there were briefs by Bradford, Derber & Gabert of Appleton, and oral argument by Albert S. Bradford.

GEHL, J.

Mr. Peabody died in 1909 leaving a will. The will sets up a trust out of the income of which testator's daughter, Emma Peabody Harper, who is still living, is to receive $6,000 annually during her life. Then follow directions for payments out of the residue of the estate, each being contingent upon there being funds remaining after payment of the preceding bequests, as follows:

Article II: $1,000 to the Appleton cemetery association, in trust for...

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