WILL OF LATIMER


266 Wis. 158 (1954)

WILL OF LATIMER: LATIMER, Executor, Appellant, vs. WILLIAMS, Trustee, and others, Respondents.

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by Everett P. Doyle and Eugene A. Williamson, both of Delavan, attorneys, and Carl B. Rix of Milwaukee of counsel, and oral argument by Mr. Rix and Mr. Doyle.

For the respondents, other than the trustee, there was a brief and oral argument by J. Arthur Moran and R. G. Richardson, Jr., both of Delavan.

For the respondent trustee there was a brief by Kenney, Korf & Pfeil of Elkhorn, and oral argument by Francis J. Korf.


CURRIE, J.

The sole question presented upon this appeal is whether the heirs of James F. Latimer (the decease husband of testatrix), who were to take one half of the trust residue upon the death of Mary Widney (the life beneficiary), are to be determined as of the date of the death of the testatrix or as of the date of the death of the life beneficiary.

The general rule is that when a will provides for a limitation over to the "heirs" of the testator or of...

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