In re Reynolds' Will

• Decision Date: 10 December 1912
• Parties: IN RE REYNOLDS' WILL.
• Court: Wisconsin Supreme Court

151 Wis. 375

138 N.W. 1019

IN RE REYNOLDS' WILL.

Supreme Court of Wisconsin.

Dec. 10, 1912.

Appeal from Circuit Court, Milwaukee County; Lawrence W. Halsey, Judge.

Probate of the will of Edwin Reynolds, deceased. Appeal from a judgment of the Circuit Court affirming a judgment of the Probate Court with certain exceptions. Affirmed.

Edwin Reynolds died February 19, 1909, leaving surviving him his widow, who was his second wife, and an adopted daughter. His will, executed September 9, 1905, was duly offered for probate. By this instrument he made various specific bequests and provided certain annuities, among them an annuity of $3,000 per year for his wife for a period of ten years. The residue of the estate was disposed of as follows:

“Nineteenth. All the rest, residue and remainder of my estate, both real and personal, I give, devise and bequeath in trust to Charles F. P. Pullen, Nellie M. Reynolds and Fred W. Niles of Milwaukee, Wisconsin, to have and to hold the same for the period of ten (10) years after my death, for the purpose of investing the same, receiving the income therefrom, distributing the residue as hereinafter provided, and carrying out all of the provisions of this will; and I authorize and empower them to sell and convey any part of my estate, either real or personal, at any time in their discretion, and to reinvest the proceeds thereof in such income producing securities as in their judgment will be for the best interests of my estate.

Twentieth. I direct that my trustees above named, shall before the expiration of said trust, convert all of the property and estate remaining in their hands into money for the purpose of distributing the same among the beneficiaries hereinafter named, and I direct that they shall pay therefrom, and I give and bequeath the said residue of my estate as follows, to wit: To my wife, Nellie M. Reynolds, thirty (30) per cent. thereof, to Arthur Fairchild, five (5) per cent. thereof, to Emma R. Robinson, five (5) per cent. thereof, to Dorothy Cunningham, five (5) per cent. thereof, to Charlotte Smith, five (5) per cent. thereof, to Jane A. Cunningham, five (5) per cent. thereof, to Mrs. Emily Rogovsky, five (5) per cent. thereof, to the Protestant Home for the Aged of Milwaukee, Wisconsin, five (5) per cent. thereof, to the Teachers' Pension Fund of Providence, R. I., five (5) per cent. thereof, to the judge of probate of the county of Tolland, Conn., and his successors in office in trust for the purpose of using the income thereof, and such portion of the principal as may be necessary for the maintenance of the Reynolds family burying plot in Mansfield, Conn., five per cent. (5%) thereof, to Myra H. Robinson of Mansfield, Conn., two and one-half (2 1/2) per cent. thereof, to Edwin R. Robinson of Mansfield, Conn., two and one-half (2 1/2) per cent. thereof, to Winthrop Reynolds, son of John D. Reynolds, of Andover, N. J., two and one-half (2 1/2) per cent. thereof, to G. Osmar Reynolds, Jr., of Pelham Manor, N. Y., two and one-half (2 1/2) per cent. thereof, to Grace B. Reynolds of Pelham Manor, N. Y., two and one-half (2 1/2) per cent. thereof, to Mrs. Emma J. Gardner of Mansfield, Conn., two and one-half (2 1/2) per cent. thereof, to Nellie M. Cahoon, two and one-half (2 1/2) per cent. thereof, to Mrs. Harriet M. Bowes, two and one-half (2 1/2) per cent. thereof, to Esther Hoffner, two and one-half per cent. thereof and to Susie Johnson, two and one-half (2 1/2) per cent. thereof.

Twenty-first. The annuity provided in paragraph II to be paid to my wife, Nellie M. Reynolds, during her life, shall nevertheless terminate at the expiration of the trust hereinbefore created, at the end of ten (10) years from my death if she be then living.”

Emma R. Robinson, the adopted daughter and heir at law of the deceased, filed objections to the probate of the will, alleging mental incompetency in the deceased and undue influence exercised by a brother. The widow renounced the provisions of the will for her benefit and elected to take in lieu thereof the share of the testator's estate as provided by sections 2171 and 2172, Stats., under the following stipulation, filed with the court on December 23, 1909: “It is hereby stipulated and agreed by and between the heirs at law of Edwin Reynolds, deceased, and the legatees and beneficiaries under the last will and testament of said deceased, dated September 9, 1905, and filed for probate in the county court of Milwaukee county, Wisconsin, as follows: First. That the objections filed by Mrs. Emma R. Robinson to the probate of said will be withdrawn and that said will be immediately admitted to probate. Second. That in consideration of the withdrawal of such objections, and to avoid all further controversy and litigation concerning the admission of said will to probate, the widow of said deceased, Nellie M. Reynolds, does hereby elect to take the share of the estate of said deceased as provided by law under sections 2171 and 2172 of the Statutes of the State of Wisconsin, which is understood to be a dower interest in any lands of which the deceased died seised, and one-third of the net personal estate of said deceased which shall be in lieu of the annuity and legacy provided to be paid to her under said will. Third. The legacy to Nellie M. Reynolds of thirty (30) per cent. of the residue of the estate having lapsed by reason of her election to renounce such legacy and take the provision allowed her under the laws of the state of Wisconsin, the amount of such lapsed legacy being 30 per cent. of the residue of the estate of said deceased, descends to Mrs. Emma R. Robinson as sole heir at law of said deceased, and shall be paid to her as such heir at law by the executors of said will at the time of the payment of the specific legacies and widow's share of such estate, which distribution shall be made as soon as practicable after the expiration of the time limited for creditors to file claims against said estate under the laws of the state of Wisconsin. October 5, 1909.”

This stipulation was signed by all the legatees and beneficiaries under the will except the...