State Historical Society v. Foster
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: James Wicici-iam, Judge. Action to construe a will. On the 21st day of August, 1903, George B. Burrows, a resident of Madison, Wisconsin, executed his will, and'on the 1st day of March, 1907, he added a codicil thereto, but the latter does not affect any question presented for determination. After making a number of specific bequests the will provides: “Ninth.
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Appeal from a judgment of the circuit court for Dane county: James Wicici-iam, Judge. Action to construe a will. On the 21st day of August, 1903, George B. Burrows, a resident of Madison, Wisconsin, executed his will, and'on the 1st day of March, 1907, he added a codicil thereto, but the latter does not affect any question presented for determination. After making a number of specific bequests the will provides: “Ninth. I give, bequeath, and devise to my executors and trustees hereinafter named, except my family lot in Forest Hill cemetery, near Madison, all the rest and residue of my estate,…
1Opinion of the Court
The following opinion was filed April 6, 1920:
Vinje, J.
It is evident that the primary purpose of'the testator was to pass his real estate to the lawful issue of his son, if any, to be paid such issue at the age of twenty-one years. It is also evident that failing such issue the estate vested in the plaintiff. Under, the scheme of the testator the duration of the trust period was uncertain. Except as to the annuity it was to be terminated by the occurrence of either of two events: first, by the arrival at majority of all the lawful issue of his son; second, by the death of his son without…
2Cited by2 opinions
- Barger v. FrenchSupreme Court of Kansas · 1927
- Giblin v. GiblinWisconsin Supreme Court · 1921