In re Luscombe's Will
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eu&ene S. Elliott, Circuit Judge. The appeal is from a judgment of the circuit court affirming, with certain modifications, tiñe order of the county court for final distribution under the will of Samuel I). Lus-combe.
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Appeal from a judgment of the circuit court for Milwaukee county: Eu&ene S. Elliott, Circuit Judge. The appeal is from a judgment of the circuit court affirming, with certain modifications, tiñe order of the county court for final distribution under the will of Samuel I). Lus-combe. That will, which disposed of an estate of $85,000, after certain specific bequests devised the residue of the property to the executors, David 0. Green and Thomas J. Pereles, as trustees to collect rents and profits, convert into money, and reinvest according to directions given; to pay therefrom the expenses of…
1Opinion of the CourtDodge, J.
1. Respondents move to dismiss the appeal on .two grounds: first, that the executors, as such, have no interests to be affected by the final order of distribution, and are not aggrieved thereby; second, that one of the co-trustees or co-executors cannot appeal alone, hence no jurisdiction is conferred by his attempt to do so.
The first ground of the motion seems to be in oversight of the fact that the executors are also trustees, and that the appeal is in both capacities. As trustees they are beneficiaries under the will, to receive nearly one half of the testator’s estate, to hold and…
2Cases cited24 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Nichols v. EatonSupreme Court of the United States · 1875
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Hardee v. WilsonSupreme Court of the United States · 1892
- O'Hara v. MacConnellSupreme Court of the United States · 1876
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3Cited by16 opinions
- Upham v. PlankintonWisconsin Supreme Court · 1913
- In re WillWisconsin Supreme Court · 1901
- Garrison v. GarrisonSupreme Court of Missouri · 1945
- Speiser v. Merchants' Exchange BankWisconsin Supreme Court · 1901
- Estate of FerrallCalifornia Supreme Court · 1948
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