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IN MATTER OF ESTATE OF LOHR

No. 92-2490.

174 Wis.2d 468 (1993)

497 N.W.2d 730

IN the MATTER OF the ESTATE OF Robert Anthony LOHR, Sr., a/k/a Robert A. Lohr, Sr.: Robert A. LOHR, Jr., as Personal Representative and Individually, Elaine Elizabeth Lohr, Patricia A. Lohr, William J. Lohr, and James A. Lohr, Appellants, v. Gretchen G. VINEY, Respondent.

Court of Appeals of Wisconsin.

Decided February 9, 1993.

Attorney(s) appearing for the Case

For the appellant, Robert E. Lohr, Jr., the cause was submitted on the briefs of Richard W. Pitzner and William F. Mundt of Murphy & Desmond, S.C., Madison.

For the appellants, Elaine Lohr, Patricia Lohr, William J. Lohr and James Lohr, the cause was submitted on the briefs of Allen D. Reuter of Clifford & Reuter, S.C., Madison.

For the respondent the cause was submitted on the brief of Lawrence J. Wiesnesk of O'Melia, Schiek & McEldowney, S.C., Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The Lohrs, individually, and Robert Lohr, Jr., as personal representative of the estate (collectively, "Lohrs"), jointly appeal the trial court's order construing Robert Lohr, Sr.'s (testator), will by adding a sentence to Article Five, Paragraph A, of the will. They contend that the trial court erroneously (1) exercised its discretion by concluding that attorney Gretchen Viney's petition to construe the will was not barred by equitable

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