Ruth v. Oberbrunner
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for. Xtacme County. Tbe following statement of tbe case' is taken from tbe opinion of Mr. Justice Cole herein, as originally prepared: “ Tbe action is ejectment, brought by tbe plaintiffs as tbe sole heirs-at-law of Margaretha Ginker, otherwise called M. Tbomasina Ginker, under whose will tbe defendants claim tbe property. Tbe material facts upon which tbe question as to tbe validity of the devise arises, are briefly these.
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APPEAL from tbe Circuit Court for. Xtacme County. Tbe following statement of tbe case' is taken from tbe opinion of Mr. Justice Cole herein, as originally prepared: “ Tbe action is ejectment, brought by tbe plaintiffs as tbe sole heirs-at-law of Margaretha Ginker, otherwise called M. Tbomasina Ginker, under whose will tbe defendants claim tbe property. Tbe material facts upon which tbe question as to tbe validity of the devise arises, are briefly these. Prior to tbe 6th day of September, 1866, M. Tbomasina Ginker was a sister of tbe order of St. Dominican, and was possessed of tbe real estate…
1Opinion of the CourtCole, J.
The learned counsel for the defendants insist that the judgment of the circuit court awarding the property described in the complaint to the plaintiffs, is erroneous on two grounds: First, because the devise made by M. Thomasina Ginker in her will was for a charitable use or purpose, and was valid by the laws of this state; and second, because the judgment of the probate court giving a construction to the will and assigning the real estate absolutely in fee simple to the defendants, to be owned and held by them in common, share and share alike, is conclusive on the plaintiffs, and all other…
2Cases cited10 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Burrill v. . BoardmanNew York Court of Appeals · 1871
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
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3Cited by36 opinions
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Webster v. MorrisWisconsin Supreme Court · 1886
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
31 more not listed; retrieve them via the Exa API.