Tharp v. Seventh Day Adventist Church
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sawyer county: James Wickham, Circuit Judge. Action begun in the circuit court tO' construe the will of Jackson Tharp, deceased, who died leaving a will containing among others the following provision: “I give, devise, and bequeath all of my property, real, personal, or mixed, of whatever kind and wherever situated, to J. M. Smith of Shell Lake, Wisconsin, as trustee and in trust for the following express purposes, to wit: . .…
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Appeal from a judgment of the circuit court for Sawyer county: James Wickham, Circuit Judge. Action begun in the circuit court tO' construe the will of Jackson Tharp, deceased, who died leaving a will containing among others the following provision: “I give, devise, and bequeath all of my property, real, personal, or mixed, of whatever kind and wherever situated, to J. M. Smith of Shell Lake, Wisconsin, as trustee and in trust for the following express purposes, to wit: . . . All the rest, residue, and remainder of my estate of every kind and nature to be held by my said trustee for the…
1DissentEschweiler, J.
The will, when read in connection with the testimony taken, seems to me to clearly disclose that the testator had in mind as the primary subject of his bounty the publication and circulation of the printed matter expounding the doctrine of those who class themselves and are classified as Seventh Day Adventists for the furthering of their doctrines. This, under the authorities, is clearly a charitable trust and one that should -be upheld wherever possible. He was not so much concerned *113with the particular name or form of organization as he was with the doctrines of the Seventh Day Adventists;…
2Cases cited4 opinions
- Giblin v. GiblinWisconsin Supreme Court · 1921
- Will of DeverWisconsin Supreme Court · 1921
- Hood v. DorerWisconsin Supreme Court · 1900
- Rust v. EvensonWisconsin Supreme Court · 1915