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ESTATE OF MORY

29 Wis.2d 557 (1966)

ESTATE OF MORY: ROBINSON, Appellant, v. WERNER, Administrator w.w.a., Defendant: PLANKINTON and another, Respondents.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Thompson, Thompson & Grant of Oshkosh, and oral argument by Dean P. Grant.

For the respondents there was a brief by McCarty, Burns, Swetz, Curry & Wydeven of Kaukauna, and oral argument by Neil J. McCarty.

BEILFUSS, J.

The issue confronting the court in this case is the effect of the lapse of a residuary clause in a will.

Appellant argues that when each residuary beneficiary died, there occurred a lapse of his share of the residue, resulting in an intestacy. However, when Emma Pettibone died survived by two children, the anti-lapse statute1 prevented a lapse of her share. In effect, appellant argues that she is entitled to one half...

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