McWilliams v. Gough
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Fay-ette county: Geo. ClemeNtsoN, Circuit Judge, Action to remove a cloud on title to real estate.
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Appeal from a judgment of tbe circuit court for La Fay-ette county: Geo. ClemeNtsoN, Circuit Judge, Action to remove a cloud on title to real estate. Tbe land covered by tbe mortgage was owned and possessed by Phoebe McDevitt when she died, May 6, 1886. By her will, duly admitted to probate, she devised the land to Peter Gough and Francis Gough as executors and trustees, with directions to rent the same to the best advantage in their discretion, and apply the excess of rents received over repairs and taxes and the expense of executing the trust, to the support and maintenance of her stepson,…
1Opinion of the CourtMaeshall, J.
In support of appellant’s position, the following five propositions are submitted for consideration: (1) The trust was invalid under the laws of this state except •as to the period of McDevitt’s life, during which time the trustees were directed to administer the trust by applying the net rents and profits of the land to his support. (2) The ■children of the testatrix at her death immediately took the full fee title to the land under the will, subject to a precedent estate in the trustees for the life of McDevitt, the interest of such children being á vested future estate under sec. 2037, *580Stat…
2Cases cited8 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Becker v. ChesterWisconsin Supreme Court · 1902
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
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- Seagle v. . HarrisSupreme Court of North Carolina · 1938
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