Stark v. Conde
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Tbe facts are stated in tbe opinion. They argued, among other things, that tbe legacy in question was given to and vested in tbe executor, as trustee, and did not vest in interest in Conde upon tbe death of the testator.
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Tbe facts are stated in tbe opinion. They argued, among other things, that tbe legacy in question was given to and vested in tbe executor, as trustee, and did not vest in interest in Conde upon tbe death of the testator. Tbe gift was subject to tbe precedent condition that tbe trustee should be of opinion and should determine, in tbe exercise of bis best judgment, that Oonde was competent, upon reaching tbe age of thirty years, “thereafter to care for, manage, and use tbe sum in question prudently…
1Opinion of the CourtCassoday, C. J.
It appears from the record that the testator, Edwards J. Stark, of Milwaukee, died February 4, 1897, leaving a will made and dated December 17, 1889, which was proved and admitted to probate March 2, 1897, and letters testamentary were thereupon issued to the plaintiff Charles G. Stark. The fifth clause of the will is as follows, to wit: “I give and bequeath to my brother Charles G. Stark, of the city of Milwaukee, Wisconsin, as trustee, the sum of ten thousand ($10,000) dollars, in trust for the use and benefit of my nephew Charles Edward Conde, of the said city of Milwaukee, but upon the…
2Cases cited8 opinions
- Scott v. WestWisconsin Supreme Court · 1885
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- Merrill v. Wisconsin Female CollegeWisconsin Supreme Court · 1889
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3Cited by10 opinions
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