Bridge v. Ward
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. The case made by tbe complaint is as follows: On tbe 21st of October, 1869, one Samuel Bridge, the father of the plaintiff, died seized of a certain lot of land in the city of Oshkosh, containing less than one-fourth of an acre.
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APPEAL from tbe Circuit Court for Winnebago County. The case made by tbe complaint is as follows: On tbe 21st of October, 1869, one Samuel Bridge, the father of the plaintiff, died seized of a certain lot of land in the city of Oshkosh, containing less than one-fourth of an acre. By his last will and testament, the said Samuel devised to the plaintiff a life estate in said lot and in the rents, issues and profits thereof, with remainder over to a son of the plaintiff ; “ and he therein restricted the plaintiff from selling the same.” When the testator died, the plaintiff was the owner of a…
1Opinion of the Court
Lyon, J. I.
It is claimed that under the provisions of the will of his father, a sale by the plaintiff of his interest in the lot in controversy would work a forfeiture of such interest, and at once vest the estate in remainder; and that a sale of such interest on an execution against the plaintiff would produce the same results.
It is quite probable that the will might have been so framed that an alienation of the plaintiff’s interest in either of the modes just mentioned would determine his estate in the lot. Judge Redfield, in his treatise on the law of wills, says: “ There is no question…
2Cases cited1 opinion
- Markwell v. ThornWisconsin Supreme Court · 1871
3Cited by11 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Patton v. LudingtonWisconsin Supreme Court · 1899
- In re Luscombe's WillWisconsin Supreme Court · 1901
- Berger v. BergerWisconsin Supreme Court · 1899
- Arzbacher v. MayerWisconsin Supreme Court · 1881
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