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Estate of Gibbs

Wisconsin Supreme Court
111 N.W.2d 413 (1961)


Facts

Both wills of George and Lena Adele Gibbs (the Gibbs) made a one percent bequest to “Robert J. Krause, now of 4708 North 46th Street, Milwaukee, Wisconsin.” However, the name of the Gibbs’s old friend was Robert W. Krause and he lived at a different address. The Gibbs did not actually know Robert J. Krause who lived at 4708 North 46th Street, Milwaukee, Wisconsin. When the Gibbs both died in 1960, the issue of their bequest to Robert J. Krause was addressed in a consolidated case and the trial court awarded the bequests to Robert W. Krause, the Gibbs’ long-term friend. The intermediate appellate court affirmed and Robert J. Krause appealed to the Wisconsin Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Fairchild, J.)

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