Legal Opinion

Milwaukee Lodge Benevolent & Protective Order of Elks 46 v. First National Bank in Oshkosh

Wisconsin Supreme Court

Decided November 2, 1965Published

1Opinion of the CourtGoRdon, J.

Each of the two bequests to the Elks Club was expressly limited by the testator as to the purpose for which it was to be used. In one instance, the will contained the words' “to be used only for charitable purposesin the other instance, the same expression without the word “only” was employed.

The trial court interpreted these gifts to be impressed with a restriction that they be used for public charitable purposes. In view of the language of the instrument, we must agree with that conclusion.’ Estate of Lawrence (1964), 22 Wis. (2d) 624, 126 N. W. (2d) 517; Will of Richter (1934), 215 Wis.…

2Cases cited8 opinions

  1. Harrington v. PierWisconsin Supreme Court · 1900
  2. Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
  3. Woehler v. BohnertWisconsin Supreme Court · 1934
  4. Estate of BletschWisconsin Supreme Court · 1964
  5. Estate of BrandenburgWisconsin Supreme Court · 1961

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