181 Wis. 607 | Wis. | 1923
The comprehensive and all-dominating rule in construing wills is that the intention of the testator must be ascertained from the words thereof, in the light of all surrounding circumstances, and that intention be given effect. In re Donges’s Estate, 103 Wis. 497, 79 N. W. 786; Scott v. West, 63 Wis. 529, 24 N. W. 161, 25 N. W. 18.
The facts and circumstances in this case are not in dispute. The only difference of opinion arises from the inferences to be drawn from such facts and circumstances.
William Scott, the testator, died July 1, 1911, at the city of Racine, Wisconsin, where he had lived continuously for forty years or more. He made his will April 29, 1902. He left surviving him his widow, Elizabeth H. Scott, and no other heirs. By his will his widow was given a life estate in his property. Among other things his will provided that “the residue of my estate I give to the Old People’s Home of Racine, Wisconsin.”
For many years prior to 1895 Mr. and Mrs. J. H. Palme-ter lived in Racine within four or five blocks of the home of William Scott. Scott and the Palmeters were friends and Scott frequently visited at the Palmeter home. J. H. Palme-ter and his wife for some years contemplated the establish
Mrs. Palmeter, by her. will, made certain bequests to the J. H. Palmeter’s Old Ladies’ Home, and made provisions for carrying out the purposes of such bequests. Owing to the lack of sufficient funds the Old Ladies’ Home was not actually built until the years 1904-1905. This lack of funds was generally known among the people of Racine, and presumably was known to William Scott, who was a man well informed on public and semi-public affairs and conversant with general conditions in his city.
The will of Scott was drafted by an aged and competent lawyer and duly executed in 1902. Prior to Scott’s death there was no institution in the city of Racine for the care or assistance of old people, either men or women, save the John H. Palmeter’s Old Ladies’ Home. This home for many years was commonly known and referred to as the "Old Folks’ Home” and “Old People’s Home” as well as the “Old Ladies’ Home,” and it was so generally known prior to and in the year 1902. Scott himself, on one occasion two or three years before his death, referred to- the John H. Palmeter’s Old Ladies’ Home as the “Old Folks’ Home.” His widow also understood that his bequest to the Old People’s Home referred to the John H. Palmeter’s Old Ladies’ Home. From these facts and circumstances the county court found that such bequest of Scott did not refer to the John H. Palmeter’s Old Ladies’ Home.
As noted, there was no other Old People’s Home in Racine, either at the time Scott made his will; prior thereto, or subsequent thereto, up to the time of his death. The language of the will is plain and unambiguous. The residue of Scott’s estate was left to the “Old People’s Home
It is contended by the respondent that if the bequest of Scott cannot be construed as a charitable bequest or trust for old people generally, then it fails for lack of definiteness and the estate will go to the heirs of the widow of Scott. It is a general rule of law that a will speaks as from the time of the testator’s death, and that the intent of the testator must prevail where it is possible to ascertain that indent. Where a case is presented for judicial construction, a meaning is to be preferred which will sustain testacy and the provisions of the will rather than to defeat them. Tp hold that the heirs of the widow of the testator are entitled to the property would be tO' wholly defeat the plain intent of the testator. We are of the opinion that the will, in the light of the existing circumstances at the time it was drawn,
By the Court. — The judgment is reversed, with directions to the county court to enter judgment in accordance with this opinion.