WILL OF REYNOLDS

No. 319.

39 Wis.2d 155 (1968)

158 N.W.2d 328

WILL OF REYNOLDS: FLEMING, Guardian ad litem, Appellant, v. BANK OF MADISON, Executor, and others, Respondents.

Supreme Court of Wisconsin.

Decided May 7, 1968.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Gene J. Fleming of Madison, guardian ad litem.

For the respondent Bank of Madison there was a brief by Lawrence E. Hart of Madison, and for the respondents Harold Lampert, Sr., Harold Lampert, Jr., and Barbara Lampert Fenster, by Beatrice Lampert of Madison, and oral argument by Mr. Hart and Mrs. Lampert.


HEFFERNAN, J.

The general rule is set forth in Restatement, 2 Property, p. 961, sec. 231, wherein it is stated:

"When an attempted prior interest fails because the person to whom it is limited renounces it, succeeding interests are accelerated except when (a) the terms and circumstances of the limitation manifest a contrary intent...."

In Will of Uihlein (1953), 264 Wis. 362, 378, 59 N.W.2d 641, we quoted...

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