ESTATE OF HOOPS


272 Wis. 238 (1956)

ESTATE OF HOOPS: KLUGE, Trustee, Appellant, vs. TESCH, Cotrustee, Respondent.

Supreme Court of Wisconsin.

March 6, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Michael Burns, attorney, and Vernon J. Lubinski of counsel, both of Seymour, and oral argument by Mr. Burns.

For the respondent there was a brief and oral argument by Edgar E. Becker of Appleton.


BROADFOOT, J.

The trial court felt that the language of article IV of the will was ambiguous and he resorted to extrinsic evidence to determine the intention of the testator.

The scrivener who drafted the will testified that he was called to the home of the parties by Mr. Barth and that his instructions for drafting the will were given by the testator in the presence of Mrs. Hoops and Mr. Barth. A portion of his testimony as to the intention of the testator...

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