ESTATE OF LIGINGER


14 Wis.2d 577 (1961)

ESTATE OF LIGINGER: BAKER, Appellant, v. MCBRIDE, Executor, Respondent.

Supreme Court of Wisconsin.

October 31, 1961.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Ronald A. Padway of Milwaukee.

For the respondent the cause was submitted on the brief of George A. Burns of Milwaukee.


DIETERICH, J.

The sole issue is whether, under the circumstances of this case, the executor takes the residue personally or in his official capacity only.

The first 10 divisions of the will bequeathed 10 specific legacies.

The Eleventh division or paragraph of the testatrix's last will and testament contains the following residuary clause:

"Eleventh: I give and bequeath to my executor and trustee hereinafter named, $250 for the purpose of securing...

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