WILL OF SCHNEIDER v. WELCH


268 Wis. 610 (1955)

WILL OF SCHNEIDER: SCHNEIDER, Appellant, vs. WELCH and others, Respondents.

Supreme Court of Wisconsin.

February 8, 1955.


Attorney(s) appearing for the Case

For the appellant there was a brief by Hanley & Wedemeyer, attorneys, and George J. Mangan of counsel, and Reginald I. Kenney, guardian ad litem, all of Milwaukee, and oral argument by Mr. Mangan.

For the respondents there was a brief by Churchill, Duback & Churchill for Janet Welch, by Clarence J. Bullock for the First Wisconsin Trust Company, and by Allen Williams, guardian ad litem, all of Milwaukee, and oral argument by Mr. William H. Churchill and Mr. Bullock.


BROWN, J.

Appellant contends that the will makes no provision for distribution of the trust estate in the contingency in question and, therefore, in that contingency there is a partial intestacy which requires that distribution of the residue be made to the testator's heirs at law,—himself and Janet,—equally. He points out that the only express provision for Janet in paragraph Sixth is that she shall have the income of the trust fund for five years after...

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