ESTATE OF ESCH


4 Wis.2d 577 (1958)

ESTATE OF ESCH: RIESEN, Appellant, vs. HETZEL, Executrix, and others, Respondents.

Supreme Court of Wisconsin.

June 26, 1958.


Attorney(s) appearing for the Case

For the appellant there were briefs by McDonald & Purcell of Madison, and oral argument by James B. McDonald and Pierce T. Purcell.

For the respondents there was a brief by Schloemer, Stoltz & Merriam of West Bend, for Edwin Hetzel, and Eleanor Hetzel individually, and by Simester & Schowalter of West Bend, for Eleanor Hetzel as executrix, and oral argument by C. J. Schloemer.


WINGERT, J.

The controversy centerson the effect to be given to the provision in the last part of paragraph Third of the will that "This devise is also subject to the payment of provisions I have made in paragraphs First and Second of this my last will and testament." The only question we find it necessary to decide is whether the quoted provision operates to require the debts, expenses, and bequests to be paid in the first instance out of the farm or by the devisees...

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