Goodrich v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Sheboygan County. Action for injuries to certain lots in the city of Milwaukee, resulting from changes in the grade of East Water street, in said city, upon which said lots front.
Read the full summary
APPEAL from tlie Circuit Court for Sheboygan County. Action for injuries to certain lots in the city of Milwaukee, resulting from changes in the grade of East Water street, in said city, upon which said lots front. Plaintiff sued as trustee of Mary H. Belcher, claiming under a deed executed to him by one Eli Hunter in 1860, whereby said Hunter grants, etc., the premises described to said Goodrich, “his heirs and assigns forever, to and for the use of the said Mary H. Belcher, her heirs and assigns,”- “to have and to hold the said premises and appurtenances to the said party of the second…
1Opinion of the CourtDixon, C. J.
By the statute “ Of Uses and Trusts” (ch. 84, R. S.), passive trusts are abolished, but active trusts are not. By passive trusts, as here used, we mean those which are express, or created by the words of some deed or other instrument in writing, and not those trusts arising or resulting by implication of law, which, in most instances, still continue to exist, and which *430may, in tlie broadest sense, be denominated passive. Every express passive trust is abolished, and the deed or instrument by which it is created, or attempted to be, takes effect as a conveyance directly to the cestui que…
2Cases cited4 opinions
- Goodall v. City of MilwaukeeWisconsin Supreme Court · 1856
- Marvin v. TitsworthWisconsin Supreme Court · 1860
- White v. FitzgeraldWisconsin Supreme Court · 1865
- Pearce v. City of MilwaukeeWisconsin Supreme Court · 1864
3Cited by35 opinions
- Loring v. PalmerSupreme Court of the United States · 1886
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Holmes v. WalterWisconsin Supreme Court · 1903
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
30 more not listed; retrieve them via the Exa API.