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ESTATE OF BOHNSACK

20 Wis.2d 448 (1963)

ESTATE OF BOHNSACK: THAUER, Guardian ad litem, Appellant, v. HUGHES, Trustee, and another, Respondents.

Supreme Court of Wisconsin.

June 28, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Richard C. Thauer of Watertown, guardian ad litem, and oral argument by David L. MacGregor of Milwaukee.

For the respondent Moravian Church there was a brief by Niemann & Hibbard of Watertown, and oral argument by Paul Hibbard.

GORDON, J.

The trial court concluded that the testatrix did not intend to include the illegitimate issue of her daughter when she provided in her will that the balance of a trust estate "shall be given to her issue, if any survive her." We reach the same conclusion.

The facts of the case are not in serious dispute, although the legal significance of such facts is contested. Olga Bohnsack died testate on June 29, 1961. Her will had been executed on May 5, 1960...

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