ESTATE OF BERRY


29 Wis.2d 506 (1966)

ESTATE OF BERRY: BOARD OF TRUSTEES OF BELOIT COLLEGE and others, Appellants, v. FARROW, Special Trustee, and others, Respondents.

Supreme Court of Wisconsin.

January 7, 1966.


Attorney(s) appearing for the Case

For the appellants there were briefs by Caskey & Collins of Beloit, attorneys, and E. L. Wingert of Madison of counsel for all appellants, and William A. McClain of Cincinnati, city solicitor, and Taft, Stettinius & Hollister and John A. More, all of Cincinnati, of counsel for the University of Cincinnati, and oral argument by Mr. Wingert.

For the respondents Frank Farrow and the Beloit State Bank there was a brief by Blakely, Long, Grutzner & Jaeckle and George K. Blakely, all of Beloit, and oral argument by George K. Blakely.

For the respondent state of Wisconsin the cause was argued by Beatrice Lampert, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


HEFFERNAN, J.

The county court considered the will ambiguous and therefore took testimony of Mr. Farrow in an attempt to determine the dominant purpose of Earl E. Berry. It then proceeded to apply the doctrine of cy pres to carry out what it considered to be the testator's intent.

It is, however, error to construe a will to find an unexpressed intent of the testator when the terms of the will are unambiguous...

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