Estate of Hoffen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is stated in the opinion. The appeal was taken by the city of Green Bay. To the point that the class designated was sufficiently definite to uphold the bequest, they cited Hoxoard v. Am. Peace Soc. 49 Me. 288; Heuser v. Harris, 42 Ill.- 425; 2 Story’s Eq.
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APPEAL from the Circuit Court for Brown County. The case is stated in the opinion. The appeal was taken by the city of Green Bay. To the point that the class designated was sufficiently definite to uphold the bequest, they cited Hoxoard v. Am. Peace Soc. 49 Me. 288; Heuser v. Harris, 42 Ill.- 425; 2 Story’s Eq. Jur. 1139; Prickett v. People, 88 Ill. 115; Gould v. Taylor Orpha/n Asylum, 46 Wis. 106; Perry on Trusts, secs. 698, 699; Attiy Gen. v. Clarke, Ambler, 122; Hesketh v. Murphy, 21 Am. Law Reg. 659, and note; Á C. 36 N. J. Eq. 304; McLain v. School Directors, 51 Pa. St. 196; M’Girr v.…
1Opinion of the CourtOetoN, J.
On the 16 th day of August, 1876, Emile Louis Hoffen, a Catholic priest of Green Bay, made his last will, the ninth clause of which is as follows: “The rest, residue, and remainder of my estate, 1 give and bequeath to the Salesianum, near the city^ of Milwaukee, in the state of Wisconsin, and the poor of the city of Green Bay, in the state aforesaid, to be eqiKilly divided between the said two legatees, share and share alike.” On appeal from the county court, the circuit court of Brown county held the clause above italicised void for uncertainty, and, there being no heirs, ordered the fund so…
2Cases cited5 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Webster v. MorrisWisconsin Supreme Court · 1886
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- Heiss v. MurpheyWisconsin Supreme Court · 1876
- Howard v. American Peace SocietySupreme Judicial Court of Maine · 1860
3Cited by10 opinions
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Harrington v. PierWisconsin Supreme Court · 1900
- Archer v. JacobsSupreme Court of Iowa · 1904
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- McHugh v. McColeWisconsin Supreme Court · 1897
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