WILL OF UIHLEIN


264 Wis. 362 (1953)

WILL OF UIHLEIN: UIHLEIN (Henry) and others, vs. UIHLEIN (Frances L.) and others.

Supreme Court of Wisconsin.

July 3, 1953.


Attorney(s) appearing for the Case

For Henry Uihlein, H. Robert Stoepel, Helen Rohnert Stoepel, and L. James Bulkley there were briefs by Dickinson, Wright, Davis, McKean & Cudlip of Detroit, Michigan, attorneys, and John G. Garlinghouse and Edward L. Weber of Detroit, Michigan, and Steinmetz & Steinmetz of Milwaukee, of counsel, and oral argument by Mr. Garlinghouse, Mr. Weber, and Mr. C. R. Steinmetz.

For Frances L. Uihlein there were briefs by Lines, Spooner & Quarles, attorneys, and Louis Quarles, Maxwell H. Herriott, and Richard R. Teschner of counsel, all of Milwaukee, and oral argument by Mr. Louis Quarles, Mr. Herriott, and Mr. Teschner.

For Evelyn McIntosh Uihlein and the Guaranty Trust Company of New York there was a brief by Weidner & Lemke of Milwaukee, attorneys, and Henry, Rehor & Wenzel of Bay Shore, New York, of counsel.

For Herbert C. Hirschboeck, guardian ad litem, there were briefs and oral argument by Mr. Hirschboeck, in pro. per.


CURRIE, J.

These appeals raise the following issues:

(1) Is the widow who has elected to take her one-third share of the estate, pursuant to sec. 233.14, Stats., entitled to such share without deduction therefrom of any portion of the federal estate tax?

(2) Does the widow's election to take under the law extinguish the special power given to the widow under the will to appoint the residue of the estate upon her death among the nieces and nephews of...

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