In re Mitchell's Will

• Decision Date: 21 May 1914
• Docket Number: No. 109.,109.
• Citation: 157 Wis. 327,147 N.W. 332
• Parties: IN RE MITCHELL'S WILL.
• Court: Wisconsin Supreme Court

157 Wis. 327

147 N.W. 332

IN RE MITCHELL'S WILL.

No. 109.

Supreme Court of Wisconsin.

May 21, 1914.

Appeal from a Judgment of the Circuit Court for Iowa County; George Clementson, Circuit Judge. Affirmed.

Proceeding for the construction of the Will of William J. Mitchell, deceased.

The will was made December 7th, 1894. The testator had eight children. The oldest was about fifty-five and the youngest forty years of age. He had forty grandchildren. One of his sons,--William Henry Mitchell,--in his forty-seventh year and on May 10, 1892, married a woman aged forty-four years. Neither had been married before. She was forty-seven when the will was made. The testator was an illiterate man. He possessed considerable property. He remembered each of his children by a substantial provision therefor with directions, in some cases, for remainders and survivorships, indicating an intention to have his property go to and be enjoyed by persons of his own blood. The sixth clause contained this provision for his son William Henry:

“I give, devise and bequeath unto my son William Henry Mitchell the north half of the southwest quarter of the southwest quarter (N. 1/2 of S. W. 1/4 of S. W. 1/4) and the southeast quarter of the southwest quarter of the southwest quarter (S. E. 1/4 of S. W. 1/4 of S. W. 1/4) of section number twenty (20) and the east half of the southwest quarter (E. 1/2 of S. W. 1/4) of section number twenty (20) all in township number five (5) range number three (3) east in Iowa County, State of Wisconsin, for and during the term of his natural life, and from and after his death, I give devise and bequeath the same unto his children should he have any at the time of his death. If at the death of my said son William Henry Mitchell he does not leave him surviving any child or children or any child or children of a deceased child, and his wife survives him, then and in that event I direct that the real estate herein in this sixth item of my will mentioned shall be sold by my executors hereinafter named, and if my said executors be not then living by such person as the County Court of Iowa County, Wisconsin shall appoint, hereby giving unto my said executors full power to convey and deed the same, and the proceeds derived from the sale of said real estate shall be invested in good interest bearing securities and hold the same for the following purposes: Then my said executors shall pay two-thirds of the interest to the wife of my son William Henry Mitchell as long as she shall live or remain his widow; the other third to be paid to my wife during her life, and after her death to be kept by my said executors and distributed with the principal as hereinafter stated. After the death or remarriage of the wife of my said son...