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IN RE BOWLER TRUST

No. 180.

56 Wis.2d 171 (1972)

201 N.W.2d 573

In re Trust created under agreement dated December 30, 1924, with EDWARD R. BOWLER: MAHON, Appellant, v. SECURITY FIRST NATIONAL BANK, Trustee, and others, Respondents.

Supreme Court of Wisconsin.

Decided October 31, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Robert D. Bauman of counsel, all of Appleton, and oral argument by Mr. Bauman.

For the respondents Peter Clemens and Ann Brenner there was a brief by Miller, Hayes & Werner, S.C., of Sheboygan, and oral argument by John M. Hayes.

For the respondent E. H. Clemens, Jr., there was a brief by Gerald S. Murphy, attorney, of Evanston, Illinois, and John M. Hayes of counsel, of Sheboygan, and oral argument by Mr. Murphy.

WILKIE, J.

Two issues are raised by this appeal:

1. Did the settlor, Edward R. Bowler, intend that the principal and undistributed income of the trust be distributed to the children of his three daughter-beneficiaries by right of representation—per stirpes, or equally —per capita?

2. Did the trial court err in not allowing testimony by the professor of English regarding the meaning...

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