Kellogg v. Stroud
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chestee A. Eowlee, Circuit Judge. Nancy H. ITillyer, a widow, died testate May 28, 1883, leaving an estate of about $8,885. She had one son, Dray-ton A. Hillyer, her sole heir at law, whom she made her beneficiary by her will. She gave him certain real estate in fee and the “use only” of the residue of her property “for and during the term of his natural life only.”
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Appeal from a judgment of the circuit court for Columbia county: Chestee A. Eowlee, Circuit Judge. Nancy H. ITillyer, a widow, died testate May 28, 1883, leaving an estate of about $8,885. She had one son, Dray-ton A. Hillyer, her sole heir at law, whom she made her beneficiary by her will. She gave him certain real estate in fee and the “use only” of the residue of her property “for and during the term of his natural life only.” The will further provided that “after the death of my said son, D. A. Hillyer, I hereby direct that all of my estate remaining, both real and personal, shall be…
1Opinion of the CourtEjeewiw, J.
Several contentions are made for reversal which, so far as material to our decision, will be considered.
1. It is insisted that under the sixth item of the will, set out in the statement of facts, it was clearly the intention of the testator that her son, Drayton A. Hillyer, might annually use such portion of the corpus of the estate as might be necessary to give him all the comforts of life, and for such purpose he might draw upon the corpus, and if necessary during his life consume it, without the intervention of the executor named in the will or any action on the part of the county court.…
2Cases cited5 opinions
- Killilea v. DouglasWisconsin Supreme Court · 1907
- Roberts v. WeadockWisconsin Supreme Court · 1898
- Wallber v. WilmannsWisconsin Supreme Court · 1903
- Schinz v. ScninzWisconsin Supreme Court · 1895
- Karel v. PerelesWisconsin Supreme Court · 1915
3Cited by3 opinions
- Newcomb v. IngramWisconsin Supreme Court · 1932
- Pugh v. FowlieWisconsin Supreme Court · 1937
- Behrens v. MaerzkeWisconsin Supreme Court · 1924