Will of Smith v. Mann
Wisconsin Supreme Court
Affeal from a judgment of the circuit court for Eacine; county: E. B. Beldeh, Circuit Judge. The construction of the will of Benjamin Smith, made on-the 13th day of July, 1883, and codicil added August 4, 1885, is the question involved upon this appeal. The will is-as follows: “First. It is my will that all of my just debts and funeral expenses be paid with all convenient speed after my decease. “Second.
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Affeal from a judgment of the circuit court for Eacine; county: E. B. Beldeh, Circuit Judge. The construction of the will of Benjamin Smith, made on-the 13th day of July, 1883, and codicil added August 4, 1885, is the question involved upon this appeal. The will is-as follows: “First. It is my will that all of my just debts and funeral expenses be paid with all convenient speed after my decease. “Second. I hereby give and bequeath to my beloved wife, Philinda Smith, all of my household furniture which she may select; the use of one half of my dwelling house — said half to be selected by her,…
1Opinion of the CourtKerwin, J.
Three contentions are made in this case: (1) Counsel for Isaac 0. Mann, trustee under the last will of Samuel G. Smith, deceased, contends that at the time of the death of said Samuel G. Smith, issue having been born to him, said Samuel G-. Smith was the owner in fee of the real estate in question, and upon the admission of his will to probate the fee vested in said trustee for the benefit of Viola Lower, daughter of said Samuel G. Smith, which construction was sustained by the county court. (2) Mary Ann Baker and Sarah Jane Summerton, daughters of Benjamin Smith, deceased, contend that the…
2Cases cited5 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Will of EhlersWisconsin Supreme Court · 1913
- Stone v. StoneWisconsin Supreme Court · 1916
- Ripon Hardware Co. v. HaasWisconsin Supreme Court · 1916
- Will of AllisWisconsin Supreme Court · 1916
3Cited by4 opinions
- Morrison v. HallWisconsin Supreme Court · 1931
- Will of Elmore v. ElmoreWisconsin Supreme Court · 1917
- Estate of Blackbourn v. BrinkmanWisconsin Supreme Court · 1951
- White v. JensonWisconsin Supreme Court · 1956