Auer v. Brown
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Waeeew D. Taeeant, Circuit Judge. One Samuel Brown, dying in 1874, devised all bis prop■erty to his wife, Clarissa, “for her life, without impeachment for waste, and without being in any way liable to account to any person or persons for said property or its use or the proceeds thereof.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Waeeew D. Taeeant, Circuit Judge. One Samuel Brown, dying in 1874, devised all bis prop■erty to his wife, Clarissa, “for her life, without impeachment for waste, and without being in any way liable to account to any person or persons for said property or its use or the proceeds thereof. And I do also devise and give to my said wife full power and authority to grant, bargain, sell, transfer, exchange, barter, mortgage or convey any or all of the said estate in fee simple and absolutely if she shall desire or choose so to do;…
1Opinion of the CourtDodge, J.
The court below, as appears from an opinion filed, rested its decision in favor of plaintiff’s title in fee upon sec. 2108, Stats. 1898:
“When an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate for life or for years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers, but subject to any future estates limited thereon in case the power should not be executed or the lands should not be sold for the satisfaction of the debts.”
That the power of disposition conferred upon Clarissa…
2Cases cited18 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- White v. . HicksNew York Court of Appeals · 1865
- In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
- Lee v. SimpsonSupreme Court of the United States · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of Holmes v. HolmesWisconsin Supreme Court · 1939
- Perkinson v. ClarkeWisconsin Supreme Court · 1908
- Will of Olson v. OlsonWisconsin Supreme Court · 1917
- Hovely v. HerrickWisconsin Supreme Court · 1913
- Otjen v. FrohbachWisconsin Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.