Hood v. Dorer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Jefferson county: JonN R. BeNNEtt, Circuit Judge. This is an action in ejectment for the recovery of 120 acres of land in Grant county, Wisconsin, both parties claiming title under one Thomas Stewart, now deceased, the plaintiff being the administrator de J>onis non of the estate •of said Thomas Stewart.
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Appeal from a judgment of tbe circuit court for Jefferson county: JonN R. BeNNEtt, Circuit Judge. This is an action in ejectment for the recovery of 120 acres of land in Grant county, Wisconsin, both parties claiming title under one Thomas Stewart, now deceased, the plaintiff being the administrator de J>onis non of the estate •of said Thomas Stewart. The evidence upon the trial showed that Thomas Stewart owned the property in question during his lifetime, and that he died September 13, 1882, leaving a widow, but no descendants; that he left a will, which was afterwards probated, the material…
1Opinion of the Court
The following opinion was filed April 6, 1900:
"Winslow, J.
The sole question presented is as to the validity of that provision of the will of Stewart which directs that upon the decease of his wife his entire property is “ to *152be invested in a fund provided for that purpose for the support and maintenance of the superannuated preachers of the church denominated the United Brethren in Christ.”
There can be no doubt but that this clause amounts to a direction to convert the real estate of which he died possessed into money. In no other way can real property be invested in a fund. Hence the…
2Cases cited4 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- People ex rel. Ellert v. CogswellCalifornia Supreme Court · 1896
- Sawtelle v. WithamWisconsin Supreme Court · 1896
- Will of FullerWisconsin Supreme Court · 1890
3Cited by6 opinions
- Kabisius v. BrookeCalifornia Court of Appeal · 1937
- Hayden v. NuzumWisconsin Supreme Court · 1920
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Kavanaugh v. WattWisconsin Supreme Court · 1910
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
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