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.


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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