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In re Evans’ Estate

Wisconsin Supreme Court
80 N.W.2d 408 (1957)


Facts

The decedent’s will left a portion of his estate in trust for his grandchildren, and provided that when each grandchild reached thirty years of age, the grandchild was to receive his or her share of the trust estate. At the time of his death, the decedent had six grandchildren. After the decedent’s death, but before the oldest grandchild reached the age of thirty, three more grandchildren were born. The trustee (plaintiff) brought an action seeking construction of the decedent’s will. The trial court held that the will gave a vested interest to the six grandchildren living at the time of the decedent’s death, but that membership in the class was subject to being reopened each time an additional grandchild was born, with the class not permanently closing until the entire trust was distributed. The trustee appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fairchild, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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