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ESTATE OF BOERNER

No. 85.

46 Wis.2d 183 (1970)

174 N.W.2d 457

ESTATE OF BOERNER: BOERNER (John A.), Appellant, v. BOERNER (Martin J.), Executor, Respondent.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Wayne W. Schlosser of Sheboygan.

For the respondent there was a brief and oral argument by Methodius J. Anzich of Sheboygan.

ROBERT W. HANSEN, J.

The executor takes the position that the legacy to the California-based nephew in paragraph two of the will refers only to those shares in the Boston Fund that had been held by the bank in Boston. Since such shares, acquired through dividend reinvestment, had been sold by the bank, the executor argues that the specific legacy to the nephew is adeemed by extinction.

The petitioner contends that paragraph two was intended by the testator...

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