ESTATE OF EVANS


274 Wis. 459 (1957)

ESTATE OF EVANS: FIRST NATIONAL BANK OF MADISON, Trustee, Appellant, vs. EVENSON, Guardian ad litem, and others, Respondents.

Supreme Court of Wisconsin.

January 7, 1957.


Attorney(s) appearing for the Case

For the appellant there were briefs by Hill, Miller & Hill of Baraboo, attorneys, and Spohn, Ross, Stevens, Lamb & Pick of Madison of counsel, and oral argument by Myron Stevens and James H. Hill.

For respondents Walter Draper, Margaret Anne Draper, and Susan K. Draper there was a brief and oral argument by William G. Evenson of Baraboo, guardian ad litem.

For the respondent Thomas E. Evans there was a brief and oral argument by Harlan W. Kelley of Baraboo, guardian ad litem.


FAIRCHILD, C. J.

Before taking up the question of whether or not the judgment entered April 17, 1942, is res adjudicata as to grandchildren born after the date of death of the testator, it seems well to pass upon the nature and inclusiveness of the bequest. If the gift grant in article Third is to a class, and that class is so fixed by the terms of the bequest that there may be an interval of time during which the...

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