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ESTATE OF FERDINAND

7 Wis.2d 577 (1959)

ESTATE OF FERDINAND: ZENS, Executor, Appellant, v. FERDINAND and others, Respondents.

Supreme Court of Wisconsin.

June 26, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Harold J. McGrath of Milwaukee.

For the respondents there was a brief by Bernard F. Mathiowetz of Milwaukee, for Angus B. Ferdinand and Harrold J. McComas, and by Philip G. Marshall and Marjorie L. Marshall, both of Milwaukee, for George H. Stroebel, and oral argument by Mr. Mathiowetz.

BROWN, J.

Ferdinand's will, repeating its language in the 1926 judgment, does not empower the widow to dispose of the estate by will. The language clearly expresses contrary intent and her power of disposition is limited to its exercise while she lives and is unmarried. Will of Zweifel (1927), 194 Wis. 428, 216 N. W. 840. Rights of claimants now cannot be derived from the provisions of the widow's will.

The appellant submits that the intent of the testator...

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