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ESTATE OF GEHL v. REINGRUBER

No. 268.

39 Wis.2d 206 (1968)

159 N.W.2d 72

ESTATE OF GEHL: GEHL and another, Administrators, w. w. a., Appellants, v. REINGRUBER and others, Respondents.

Supreme Court of Wisconsin.

Decided June 4, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Tilg & Koch, and oral argument by John P. Hayes, all of Milwaukee.

For the respondents there was a brief by Lester J. Dencker, attorney, and John B. Werra of counsel, both of Milwaukee, and oral argument by Mr. Dencker.

HEFFERNAN, J.

The respondents contend that the use of the word, "children," by the testatrix constitutes a latent ambiguity and that, therefore, extrinsic evidence is properly permitted to show that the stepchildren, as well as the natural child, of Theresa Gehl were to be included in the term. While we agree with respondents' ultimate conclusion, we do not agree that there is an ambiguity which calls into play the rules delineating the use of extrinsic evidence....

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