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said judgment and which allowed that the final account be allowed as stated, and that certificates of deposit of Cuba City State Bank in the sum of $16,578.25 be assigned in accord with the terms of the last will and testament of deceased to Frank J. Staver (appellant) subject to a lien for the sum of $650.82 paid by the executor for inheritance tax of said estate, said lien being in favor of the executor and residuary legatees and devisees. The facts will be stated in the opinion. The opinion follows: Joseph Staver died March 1, 1932, leaving a last will and testament duly executed by him on February 20, 1932. The appellant, a nephew of the deceased, is one of the legatees named in said will. The first provision of the will is as follows: "After the payment of my just debts and funeral expenses I give, devise and bequeath to my nephew, Frank J. Staver of Hazel Green, Wisconsin, certificates of deposit of Cuba City State Bank now owned by me amounting to $16,578.25." Other specific bequests are made in sums aggregating $3,035. The residue of the estate is divided equally between eight nephews and nieces. The respondent W. G. Wimmer is named as executor of said will and duly qualified as such on April 19, 1932. The will was admitted to probate in the county court of Grant county on April 5, 1932. The inventory and appraisal was filed April 23, 1932. The inventory included certificates of deposit issued by Cuba City State Bank, dated on various dates from March 3, 1931, to February 27, 1932, both dates inclusive, and were all made payable to the order of "Joseph Staver or Frank J. Staver", with interest at the rate of four per cent. per annum. Said certificates were inventoried at their face value plus interest on each to date of decedent's death for a total of $16,578.25 principal and $192.41 accrued interest. The inventory included other personal estate appraised at $6958.18 and real estate appraised at $6500. The will was prepared by W. G. Wimmer at decedent's request. At all times in question Mr. Wimmer was a stockholder, director, cashier, and active managing officer of the Cuba City State Bank, which facts were known to the deceased at the time of making his will. For some time prior to the issuing of letters testamentary and continuing thereafter until early in July, the Cuba City State Bank experienced substantial withdrawals of deposits and heavy shrinkage in its bond account. In July 1932, the bank went on a waiver basis, adopting the stabilization plan as provided by the laws then in force. Certain slow assets of the bank were segregated and placed in the hands of trustees together with the proceeds of a one hundred per cent. stock assessment. The depositors waived thirty-five per cent. of their deposits. The banking department advised the plan to stop a run on the bank. On July 23, 1932, Mr. Wimmer as executor, subject to the approval of the court, signed a depositor's waiver agreement. Thereafter on petition of the executor for approval of said waiver agreement the county court denied said petition. On October 5, 1932 the executor petitioned the county court for a construction of the will among other things to determine whether the specific bequest to Frank J. Staver of the certificates of deposit issued by the Cuba City State Bank in the amount of $16,578.25 is subject to the payment of debts and expenses of administration. In its decision construing said will filed May 24, 1933, the county court held: "That the testator did not intend to charge the payment of debts and funeral expenses upon the property (certificates of deposit) given to Frank J. Staver by the first clause of the will." On Oct. 29, 1932, appellant gave notice in writing to William G. Wimmer, individually and as executor demanding the possession of the 11 certificates of deposit, specifying each in said notice. He thereby asserted his claim of ownership and in said notice further stated: "That in case of your refusal to deliver said certificates and each of them to the undersigned Frank J. Staver that he will take such action as he may be advised is necessary for the recovery thereof and will hold you... liable for all damage caused by your refusal to deliver said certificates and each of them." The executor did not surrender said certificates and appellant took no further action to obtain possession of them. On Sept. 1, 1933, the executor wrote a letter to appellant's attorney