WILL OF WEHR


36 Wis.2d 154 (1967)

WILL OF WEHR: CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY, Executor, Appellant, v. SCHOENDORF, Special Administrator, and others, Respondents.

Supreme Court of Wisconsin.

October 3, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland of Milwaukee, and oral argument by Herbert C. Hirschboeck.

For the respondents Carl H. Wehr, Jr., Alfred H. Wehr, Richard H. Wehr, and Mary Wehr Bertram there was a brief by Harrold J. McComas, Edwin F. Walmer, and Foley, Sammond & Lardner, all of Milwaukee, and oral argument by Mr. McComas.

For the respondents Virginia Peter Wehr Smith, Frederick A. Bodden, Rila C. Bodden, Marion R. B. Hayes, Fiske Otis Parnkopf, and Jeanette Rotta there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Reuben W. Peterson, Jr., and George N. Kotsonis of counsel, all of Milwaukee, and oral argument by Mr. Kotsonis.

For the respondent Clara Wehr Dietrich Wall there was a brief by Shea, Hoyt & Greene, and oral argument by George A. Evans, Jr., all of Milwaukee.

For the respondent Arthur W. Thompson, special administrator, there were briefs by Michael, Best & Friedrich, attorneys, and F. William Haberman of counsel, all of Milwaukee, and oral argument by Mr. Haberman.

For the respondent George W. Hubmann there was a brief and oral argument by Peter P. Woboril, Jr., of Milwaukee.

For the respondent First Wisconsin Trust Company, special administrator, there were briefs by Bernard V. Brady, John T. Harrington, and Samuel J. Recht, attorneys, and Brady, Tyrrell, Cotter & Cutler of counsel, all of Milwaukee.

For the respondent Marshall & Ilsley Bank, special administrator, there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke of Milwaukee.


CURRIE, C. J.

The trust estate distributable under subparagraph VII (3) (b) of the will of William E. Wehr, deceased, will be referred to as the "Gebhardt remainder."

With the exception of respondent Hubmann, it is the position of all other parties to this appeal that there is a failure of the Gebhardt remainder because of the decease of Clara Gebhardt and her daughters prior to the death of the last life beneficiary...

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