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WILL OF FALK

12 Wis.2d 247 (1961)

WILL OF FALK: FALK, EXECUTRIX, Appellant, v. FIRST WISCONSIN TRUST COMPANY and another, Trustees, Respondents: EBERBACH, Respondent.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott & Clemons, attorneys, and Louis Quarles and James T. Guy of counsel, all of Milwaukee, and oral argument by Mr. Guy.

For the respondents First Wisconsin Trust Company and Leroy J. Burlingame, trustees, there was a brief by Burlingame, Gibbs & Roper of Milwaukee.

For the respondent Elisabeth Falk Eberbach there was a brief by Shea & Hoyt, attorneys, and Ralph M. Hoyt of counsel, all of Milwaukee, and oral argument by Ralph M. Hoyt.

FAIRCHILD, J.

The question is whether the testator intended that in any event, the identity of his "surviving children" was to be determined at his death, or that, if his wife survived him, their identity was to be determined at her death. In other terms, if the wife survived and the property be held in trust during her life, did that fact postpone vesting of the interest or only enjoyment? Neither the will nor the 1943 decree contained any modifier of "surviving...

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