In Re Gibb’s Estate

111 N.W.2d 413 (1961)

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Nature of the Case

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Facts

Mrs. Gibbs died on April 11, 1960, and Mr. Gibbs died on May 27, 1960. Mrs. Gibbs' will was executed on October 21, 1958, and Mr. Gibbs executed his will on May 5, 1960. Mrs. Gibbs, bequeathed all her estate to her husband if he survived her by more than sixty days, but he did not. In all other respects, the wills were closely similar, particularly the Third Article of hers and the Second Article of his. By paragraph 1 of each, certain personal effects were bequeathed, and by paragraph 2 of each, the remaining estate was disposed of by a series of subparagraphs, each (with one exception) bequeathing a specified percentage thereof. There are 24 subparagraphs in Mr. Gibbs' will and 23 in Mrs. Gibbs'. Three in each name identical organizations. Nineteen in each name identical individuals, although there are variations in some of the bequests. Subparagraph 2 (g) of Article Third of Mrs. Gibbs' will is identical with subparagraph 2 (i) of Article Second of Mr. Gibbs' will. Each reads as follows: 'To Robert J. Krause, now of 4708 North 46th Street, Milwaukee, Wisconsin, if he survives me, one percent (1%).' Robert W. Krause (P) of Milwaukee, who has never resided at 4708 North Forty-Sixth Street, alleged that he had been an employee of Mr. Gibbs for thirty years and was a friend of the family of both Mr. and Mrs. Gibbs for many years. He alleged that Robert J. Krause (D) who lives at 4708 North Forty-Sixth Street was unknown to the Gibbses and that each of them intended to name P as legatee. P offered evidence in support of his allegations. De was not acquainted with Mr. or Mrs. Gibbs except that he recalled a conversation in 1955 with a lady who might have been Mrs. Gibbs. The court ruled for P and D appealed.