Legal Opinion

Lovass v. Olson

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for'Yernon county: O. B. Wyman, Circuit Judge. This is an appeal by Jacob Olson Lovass, son and one of the heirs at law of Johannes Olson Lovass, deceased, from a judgment and order of the circuit court of Yernon .county construing the will of deceased, and assigning the estate, in accordance with said will, to the respondent, Berutine Sophia Olson, as residuary legatee thereunder.

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Appeal from a judgment of the circuit court for'Yernon county: O. B. Wyman, Circuit Judge. This is an appeal by Jacob Olson Lovass, son and one of the heirs at law of Johannes Olson Lovass, deceased, from a judgment and order of the circuit court of Yernon .county construing the will of deceased, and assigning the estate, in accordance with said will, to the respondent, Berutine Sophia Olson, as residuary legatee thereunder. This matter was removed from the county court into the circuit court, and there tried, under the provisions of sec. 2452, R. S. The second and third items of the will to…

1Opinion of the Court

. Winslow, J.

Two contentions are made by the appellant: First, that the fourth, fifth, sixth, and seventh clauses of the will were rendered absolutely inoperative by the decease of the testator’s wife prior to the death of the testator; second, that in case this proposition is held unsound, still the respondent, as residuary legatee, under the seventh and •eighth clauses, took only a life estate, and that the property should not have been assigned to her absolutely at the present time.

1. In construing a will the court must consider the whole will, and must give effect to the intent of the…

2Cases cited3 opinions

  1. Washbon v. . CopeNew York Court of Appeals · 1895
  2. Benson v. . CorbinNew York Court of Appeals · 1895
  3. Gibson v. SeymourIndiana Supreme Court · 1885

3Cited by12 opinions

  1. Pabst v. GoodrichWisconsin Supreme Court · 1907
  2. Grotenrath v. GrotenrathWisconsin Supreme Court · 1934
  3. Ewart v. DalbySupreme Court of Missouri · 1928
  4. Davies v. DaviesWisconsin Supreme Court · 1901
  5. Lardner v. WilliamsWisconsin Supreme Court · 1898

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