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ESTATE OF HOYT

22 Wis.2d 209 (1963)

ESTATE OF HOYT: FIRST WISCONSIN TRUST COMPANY, Executor, Appellant, v. BISCHOFF, Respondent. [Case No. 2.]

Supreme Court of Wisconsin.

December 20, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and James Ward Rector and Howard T. Foulkes of counsel, all of Milwaukee, and oral argument by Mr. Foulkes.

For the respondent there were briefs by Martin R. Paulsen, attorney, and Lee W. Meyer of counsel, both of Milwaukee, and oral argument by Mr. Paulsen.

WILKIE, J.

Two issues are presented on this appeal:

1. If provisions of a will are unambiguous on their face, and the document by its terms creates no potential conflict between specific beneficiaries or between specific beneficiaries and residuary legatees, does the executor have a duty to defend the estate against a claim that certain personal property is not part of such estate because of the effect of a prior...

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