First Wisconsin Trust Co. v. Kuder
First Wisconsin Trust Co. v. Kuder
Opinion of the Court
This case comes here upon the appeal of the executor of the will of Mary S. Allis, deceased, from a judgment of the county court of Milwaukee county construing the will of said Mary S. Allis, deceased, and declaring the true construction thereof to be that the life tenant is not
This case was argued with the case entitled Will of Leitsch, decided herewith {ante, p. 257, 201 N. W. 284). The opinion in that case discusses and settles the question here presented as to whether the life tenant is entitled to the income of the estate from the date of the death of the testator, it being there held that under language such as employed in the will of the deceased (which it is not necessary to recite) the life tenant is entitled to the income arising from the estate subsequent to the death of the testator.
It therefore follows that the judgment appealed from should be reversed, and the cause remanded with directions to enter judgment declaring the true meaning and construction of the will to be that the life tenant is entitled to the income of the residuary estate from and after the date of the death of the testator.
By the Court. — So ordered.
Reference
- Full Case Name
- Estate of Allis: First Wisconsin Trust Company, and trustee v. Kuder and another
- Status
- Published