WILL OF EMMERICK


268 Wis. 186 (1954)

WILL OF EMMERICK: EMMERICK, Appellant, vs. DEMPZE, Executor, and another, Respondents.

Supreme Court of Wisconsin.

December 7, 1954.


Attorney(s) appearing for the Case

For the appellant there was a brief by E. D. Helke of Nekoosa, and Graves & Chambers of Wisconsin Rapids, and oral argument by Mr. Helke and Mr. Lloyd L. Chambers.

For the respondents there was a brief and oral argument by John J. Jeffrey of Wisconsin Rapids.


MARTIN, J.

It was the lower court's view that the testatrix intended her two sons to be equal stockholders in the Emmerick Company after her death; that Clarence's acquisition of 40 shares from an outside source must be considered in making the distribution under decedent's will such as would cause John to have an equal number of shares.

In our opinion the testatrix intended her estate to be divided equally between the sons. It is presumed under the law that...

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