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ESTATE OF BUDD

11 Wis.2d 248 (1960)

ESTATE OF BUDD: BUDD, Plaintiff, v. HANSEN, by Guardian ad litem, and another, Defendants. [Two appeals.]

Supreme Court of Wisconsin.

October 4, 1960.

Attorney(s) appearing for the Case

For the plaintiff there was a briefs by Affeldt & Lichtsinn, and oral argument by H. F. Lichtsinn and Frances M. Ryan, all of Milwaukee.

For the defendants there was a brief by Charles A. Riedl, guardian ad litem, and oral argument by Mr. Riedl and Mr. Robert J. Casper, both of Milwaukee.

DIETERICH, J.

The two issues on this appeal are: (1) Does the devisee take the real estate in fee simple free of the conditions imposed by the testatrix to suspend for a fixed period the power of alienation? and (2) Is the devisee entitled to have the real property exonerated from a mortgage existing thereon at the time of the testatrix's death?

George L. Budd is the surviving widower of Mabel Ruth Budd who died testate, June 2, 1958. Her will named the surviving...

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