Chandler's Appeal: Estate of McCoy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This appeal is from an order of the circuit court affirming an order of the county court of Grant county construing a clause in the last will of the testator relating to the disposition of the surplus of his estate over and above certain legacies and devises.
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APPEAL from the Circuit Court for Grant County. This appeal is from an order of the circuit court affirming an order of the county court of Grant county construing a clause in the last will of the testator relating to the disposition of the surplus of his estate over and above certain legacies and devises. The testator, in and by such will, gave, devised and bequeathed to each of several persons therein named a specific sum; and to his brother, John Galvin McCoy, in trust for himself and his brothers and sisters, and their heirs, one-third of his estate; and his executor, John M. Chandler,…
1Opinion of the CourtLyojst, J.
The question to be determined on this appeal is, whether John Calvin McCoy is entitled, under the will, to a share of the surplus in the hands of the executor, or which may hereafter come to his hands.
If he is a legatee, manifestly he is entitled to share in such surplus, because, in the direction contained in the will for the distribution thereof, no legatee is excepted. Our first inquiry will be directed to that point, first premising (what every lawyer knows) that a legatee is one who takes personal property, and a devisee, one who takes real property, under a will.
The will under…
2Cited by7 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Lamb v. . LambNew York Court of Appeals · 1892
- Becker v. ChesterWisconsin Supreme Court · 1902
- Griffith v. WittenSupreme Court of Missouri · 1913
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