Hipsch's Will, In re
| Decision Date | 30 December 1953 |
| Parties | In re HIPSCH'S WILL. HIPSCH, v. HIPSCH. |
| Court | Wisconsin Supreme Court |
Proceeding commenced by the petition of Marie Hipsch for construction of the will of Wenzel Hipsch, Jr., deceased husband of the petitioner. From the order of the county court construing said will, petitioner appeals.
The will in question was prepared by an attorney. It was executed by Wenzel Hipsch, Jr. on April 19, 1939. He died at the age of 48 years on April 11, 1952, survived by his widow, his mother, one brother and two sisters. He had no children. Over $30,000 worth of government bonds, which were held jointly by decedent and his wife, were cashed by Wenzel Hipsch, Jr. prior to his death, and no trace of the money has been found. At the time of his death he possessed only the homestead of the parties and $100 in a bank account.
Paragraphs Second and Third of the will provide:
'Second: I give, devise and bequeath to my wife, Marie Hipsch, such homestead and dower rights in all of the real estate of which I may die seized as she would have if I had died intestate.
'Third: I give, devise and bequeath all the rest, residue and remainder of my property, real and personal, of whatsoever nature and description and wheresoever situated, to my brother, August Hipsch, in trust for the following purposes, to-wit: * * *.'
Further provisions dealing with the trust are immaterial to the question presented.
Petitioner alleged that the will is ambiguous, particularly paragraph Second, and prayed for construction thereof. In the trial court's opinion the testator's intent was to give to his widow only such interest in his real estate as she could not be deprived of by will.
Howard A. Tilg, George W. Koch, Jr., Milwaukee, for appellant.
Alvin M. Strnad, Theodore R. Baer, Milwaukee, for respondent.
It is stated in the trial court's opinion:
Section 237.02, Stats. provides:
'(1) If the decedent shall have no lawful issue, to the widow or widower.
'(2) If the decedent shall leave a widow and issue or a widower and issue, to the widow or widower so long as not remarried, and upon marriage or death to the original decedent's heirs according to section 237.01 * * *.'
It is unnecessary to discuss the...
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