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ESTATE OF CONNOLLY

No. 248.

65 Wis.2d 440 (1974)

222 N.W.2d 885

ESTATE OF CONNOLLY: McELLIGOTT, Appellant, v. MURRAY, personal representative of the Estate of Nellie J. Connolly, and others, Respondents.

Supreme Court of Wisconsin.

Decided October 31, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Honeck, Mantyh & Arndt of Milwaukee, and oral argument by William J. Mantyh.

For the respondents there was a joint brief by Robert E. Lutz, attorney, and Paul L. Jaekels of counsel, both of Milwaukee, for the respondents Milton T. Murray, Mary Sciors, Gertrude Walsh, Elizabeth Allessandro, Gerald Dahme, William Dahme and Carol Dahme, and by Ralph W. Raaseh, of Milwaukee, guardian ad litem, for the respondents Delores Dahme and Michael Dahme; and oral argument for the respondent adult heirs at law by Mr. Jaekels, and oral argument for the respondent minor heirs at law by Mr. Raasch.

BEILFUSS, J.

The issues are as follows:

1. In absence of specific language in the residuary clause or any ambiguity in the will read as a whole, and where the residuary legatee dies before the testatrix, may the court receive extrinsic evidence, based upon the circumstances of the case, to determine the probable intent of the testatrix so as to avoid intestacy?

2. Is the anti-lapse statute, sec. 853.27, which presumes a testamentary intent of substitution...

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