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ESTATE OF McDONALD

20 Wis.2d 63 (1963)

ESTATE OF McDONALD: McKEE and another, Appellants, v. McDONALD, Executrix, Respondent.

Supreme Court of Wisconsin.

April 30, 1963.

Attorney(s) appearing for the Case

For the appellants there was a brief by Peickert, Anderson & Fisher, attorneys, and John E. Shannon, Jr., and Gerald M. O'Brien of counsel, all of Stevens Point, and Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, also of counsel, and oral argument by Mr. O'Brien.

For the respondent there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James R. Faulds.

CURRIE, J.

The issue which confronts the court on this appeal is whether the county court, in construing the phrase "my children," is constrained to stay within the four corners of the will because the phrase is clear and unambiguous, or whether it may deem the phrase ambiguous, in view of the adoption by Bethe of testator's two children by testator's first marriage, and consider extrinsic evidence to ascertain testator's intent.

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