ESTATE OF KUGLER

No. 156.

52 Wis.2d 532 (1971)

190 N.W.2d 883

ESTATE OF KUGLER: HEGNER, Administrator w.w.a., Appellant, v. STAUDENMAIER, Respondent.

Supreme Court of Wisconsin.

Decided November 2, 1971.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by William A. Ketterer of Milwaukee.

For the respondent there was a brief by McKenzie, Hebbe, Downey & Kellogg, S. C., of Appleton, and oral argument by John G. Kellogg.


HANLEY, J.

Three issues are presented on this appeal:

(1) Does the one-fourth share of the residuary estate which has lapsed due to the death of the legatee before the death of the testatrix pass as intestate property:

(2) Does the will contain a latent ambiguity which would allow the admission of extrinsic evidence to explain the intention of the testatrix; and

(3) Where "one fourth" of the residuary estate is bequeathed to each of three specifically...

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