ESTATE OF HOYT


275 Wis. 484 (1957)

ESTATE OF HOYT: FIRST NATIONAL BANK IN OSHKOSH, Trustee, and others, Respondents, vs. MICHAEL and another, Appellants.

Supreme Court of Wisconsin.

April 9, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief by Keefe, Patri, Stillman & Nolan, and oral argument by William E. Crane, all of Oshkosh.

For the respondents there was a brief by Thompson & McCarthy of Oshkosh, for the Ladies Benevolent Society of Oshkosh, by Barnard & Allen of Oshkosh, for the Oshkosh Campfire Girls, by Williams, Williams & Meyer of Oshkosh, for the Twin Lakes Council Boy Scouts of America, by William Gengler of Oshkosh, for the Crippled Children's Auxiliary, now the Curative Workshop of Oshkosh, Inc., and by D. E. McDonald of Oshkosh, for the Elizabeth Batchelder Davis Children's Home, and oral argument by Mr. Harry E. Meyer and Mr. Gengler.


STEINLE, J.

Appellants' principal contentions are that: (1) The bequest of the annual payments in monthly instalments to testator's aunt, Sarah E. MacAllister, under the terms of the Fifth paragraph of the will is an annuity and a legacy; (2) the only period of limitation contained in the express words of the testator's will as to the payments to be made under the trust, is the period of the life of the testator's sister, Blanche E. Hoyt; and (3) that since the annuity...

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