Williams v. Parsons
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Proceeding to construe a will.
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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Proceeding to construe a will. Robert Griffiths executed his will on the 29th day of May, 1885. He died May 6, 1890, survived by his widow and, it appears, by an adopted daughter. ■ The will directed the payment of debts and funeral expenses out of personal property; the erection of a monument at his grave; bequeathed to a missionary society $100 •to be paid within one year; bequeathed to the adopted daughter $500 to be paid to her when she arrived at twenty-one; and continued as follows:…
1Opinion of the CourtJones, J.
It is claimed by the appellants that the will gave to the wife the entire estate for her support, comfort, and enjoyment, and that any portion remaining after her death was to be divided among those who constituted a testamentary class; that there was no present gift, the gift being merely implied from the direction to divide; that the members of the class were to be ascertained when the time came for division; and that only those then surviving could share.
It is claimed by respondent that the will did not create a testamentary class; that it contains words of present devise; and that the…
2Cases cited12 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Benner v. MauerWisconsin Supreme Court · 1907
- Will of ReynoldsWisconsin Supreme Court · 1912
- Sisson v. SeaburyU.S. Circuit Court for the District of Rhode Island · 1832
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Byrd v. WallisMississippi Supreme Court · 1938
- Estate of NelsonWisconsin Supreme Court · 1954
- Estate of HolcombeWisconsin Supreme Court · 1951
- Battles v. HackettWisconsin Supreme Court · 1922
- Will of JohnsonWisconsin Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.