Flint v. Wisconsin Trust Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawbeNCe W. Halsey, Circuit Judge. This is an action o-f ejectment. Plaintiffs and defendants-claim title from a common source, to wit, the will of M. B. Kneeland, who died July 1, 1875, seised in fee simple of the premises involved in this suit. The will, omitting purely formal parts, is as follows: “First. I direct that as soon as is convenient after my decease all my just debts be paid. “Second.
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Appeal from a judgment of the circuit court for Milwaukee county: LawbeNCe W. Halsey, Circuit Judge. This is an action o-f ejectment. Plaintiffs and defendants-claim title from a common source, to wit, the will of M. B. Kneeland, who died July 1, 1875, seised in fee simple of the premises involved in this suit. The will, omitting purely formal parts, is as follows: “First. I direct that as soon as is convenient after my decease all my just debts be paid. “Second. I will and direct that as soon as it can be conveniently done after my decease, my executor erect upon the lots in Eorest Home…
1Opinion of the CourtBarres, J.
In construing a will the vital thing is to ascertain what the testator meant, and his intention must be gathered from the instrument as a whole, read in the light of the circumstances which surrounded him when it was made. *235Allen v. Boomer, 82 Wis. 364, 52 N. W. 426; Becker v. Chester, 115 Wis. 90, 91 N. W. 87, 650; In re Donges’s Estate, 103 Wis. 497, 79 N. W. 786; Davies v. Davies, 109 Wis. 129, 85 N. W. 201; Kavanaugh v. Watt, 143 Wis. 90, 126 N. W. 672; Ohse v. Miller, 137 Wis. 474, 119 N. W. 93. But construction of a -will does not begin “until uncertainty of sense is pretty clearly…
2Cases cited35 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Becker v. ChesterWisconsin Supreme Court · 1902
- In re Moran's WillWisconsin Supreme Court · 1903
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
30 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Estate of StanfordCalifornia Supreme Court · 1957
- Powell v. HayesSupreme Court of Arkansas · 1928
- Dyer v. LaneSupreme Court of Arkansas · 1941
- Texas Co. v. MeadorTexas Commission of Appeals · 1923
- Estate of Mangel v. StrongWisconsin Supreme Court · 1971
14 more not listed; retrieve them via the Exa API.