ESTATE OF STEWART


270 Wis. 610 (1955)

ESTATE OF STEWART: BRAZEAU, Guardian ad litern, Appellant, vs. STEWART, Executrix, Respondent.

Supreme Court of Wisconsin.

October 11, 1955.


Attorney(s) appearing for the Case

For the appellant there was a brief by Theo. W. Brazeau, attorney, guardian ad litem, and Brazeau & Brazeau of counsel, all of Wisconsin Rapids, and oral argument by Theo. W. Brazeau.

For the respondent there was a brief and oral argument by Raleigh Woolf of Milwaukee.


GEHL, J.

The guardian ad litem challenges the court's construction and contends that by virtue of the provisions of sec. 238.13, Stats., the grandchildren take under the terms of the will. The statute provides that:

"When a devise or legacy shall be made to any child or other relation of the testator and the devisee or legatee shall die before the testator, leaving issue who shall survive the testator, such issue shall take the estate so given by the...

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