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DEPARTMENT OF TAXATION v. LA CROSSE

11 Wis.2d 345 (1960)

DEPARTMENT OF TAXATION, Appellant, v. CITY OF LA CROSSE, Respondent.

Supreme Court of Wisconsin.

November 1, 1960.

Attorney(s) appearing for the Case

For the appellant the cause was argued by John H. Bowers and Harold H. Persons, assistant attorneys general, with whom on the briefs was John W. Reynolds, attorney general.

For the respondent there was a brief by John K. Flanagan, city attorney, and William J. Sauer, assistant city attorney, and oral argument by Mr. Sauer.

BROWN, J.

The will of Mary E. Sawyer bequeathed the residue of her estate to trustees, in trust to pay to Frank F. LaRowe, brother of the testatrix, an annuity of $5,000 during the brother's lifetime. The will then commands:

"Fourth. Upon the death of my said brother, Frank F. LaRowe, I will and direct that said trust be terminated and that the remainder of my estate be distributed by my said trustees or their successors in trust, as follows:

"All...

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