West v. Andrews
Wisconsin Supreme Court
Appeal from an ’ order of the circuit court for Green county; Geobge Gpjmm, Circuit Judge. Action to recover the purchase price of certain lands which plaintiffs by a contract in writing agreed to sell defendant and to which thej' claimed, and agreed to transfer, a merchantable title.
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Appeal from an ’ order of the circuit court for Green county; Geobge Gpjmm, Circuit Judge. Action to recover the purchase price of certain lands which plaintiffs by a contract in writing agreed to sell defendant and to which thej' claimed, and agreed to transfer, a merchantable title. Plaintiffs derived their sole title .to the lands in question through the will of their grandfather, Matthew West, deceased, under the following devise: “I give, devise and bequeath to my son, D. W. West, now of said town of Sylvester, the following described lands and real estate, situate in said town of…
1Opinion of the CourtViNJE, J.
Defendant rejected tbe offered deed because be claimed that under tbe terms of tbe will no title vested in tbe children of D. W. West until bis death, and then it would vest in those only who survived him and in tbe heirs of those who predecease him. That such was tbe effect- of the will it is claimed was decided in Cashman v. Ross, 155 Wis. 558, 145 N. W. 199. In that case tbe testator devised a life estate to his wife in specified lands and then directed that “after her death tbe said property to be divided equally between my children.” It was pointed out that there were no words of present…
2Cases cited3 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- Will of OwensWisconsin Supreme Court · 1916
- Cashman v. RossWisconsin Supreme Court · 1914
3Cited by6 opinions
- Thatcher v. FouksWisconsin Supreme Court · 1931
- Williams v. ParsonsWisconsin Supreme Court · 1920
- Brindley v. FowellWisconsin Supreme Court · 1956
- Brown v. HigginsWisconsin Supreme Court · 1923
- Duggan v. O'BrienWisconsin Supreme Court · 1920
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