Burnham v. Burnham
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwauhee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that April 22, 1874, George Burnham executed his last will and testament,' containing the following provisions, to wit: “First.
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APPEAL from tlie Circuit Court for Milwauhee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that April 22, 1874, George Burnham executed his last will and testament,' containing the following provisions, to wit: “First. I give, devise, and bequeath to my wife, Barbara Burnham, after paying the bequests, and subject to the other provisions hereinafter contained in this will, all the rents, issues, and profits of my estate, real, personal, and mixed, wherever the same may be, to have, hold, and enjoy during the full term of her…
1Opinion of the CourtCassoday, J.
In construing the will we are to consider the original and the codicil as one instrument in law, and together as constituting the last will and testament of the testator. Ford v. Ford, 70 Wis. 46. In other words, every provision of the original will remains in force, except in so far as it was changed or modified by the codicil.
Subject to the provisions in favor of the widow, the testator by the original will gave, devised, and bequeathed the undivided one-fourth part of his estate to his son, Daniel Gr., with the proviso to the effect that, if he did not survive his mother, then such of his…
2Cases cited4 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1878
- Morse v. HaydenSupreme Judicial Court of Maine · 1889
- Merriam v. WolcottNew York Supreme Court · 1881
3Cited by24 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- In re Moran's WillWisconsin Supreme Court · 1903
- Patton v. LudingtonWisconsin Supreme Court · 1899
- In Re Quick's EstateWashington Supreme Court · 1949
- Thatcher v. FouksWisconsin Supreme Court · 1931
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