Hamilton v. Buckman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. In 1888 George E. Austin, of Milwaukee, then about eighty years of age, executed bis will, whereby be first gave all bis property, real and personal, to his wife for life, with the income and profits thereof, and also the proceeds of such personal property as she might desire to sell, exchange, or convert into money for her support during her life; giving her full power of…
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. In 1888 George E. Austin, of Milwaukee, then about eighty years of age, executed bis will, whereby be first gave all bis property, real and personal, to his wife for life, with the income and profits thereof, and also the proceeds of such personal property as she might desire to sell, exchange, or convert into money for her support during her life; giving her full power of disposition of personal property for such purpose. After the death of the wife a $5,000 money legacy was given to the…
1Opinion of the CourtDodge, J.
Two points or assignments of error are urged by the appellant: First, that the finding of an intent to charge the money legacies upon the real estate given to the two sons by the residuary clause of the will is not justified by the language of the will, either alone or in conjunction with the collateral facts and circumstances; secondly, that, if so charged, the personal assets are primarily liable, and are not shown to have been exhausted.
Under the first head, we shall not deem it necessary to decide the full scope of the role of law quite vigorously debated in the contesting briefs, as to…
2Cases cited4 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- McCorn v. . McCornNew York Court of Appeals · 1885
- Will of RootWisconsin Supreme Court · 1892
- Estate of GoodrichWisconsin Supreme Court · 1875
3Cited by1 opinion
- Egan v. SellsWisconsin Supreme Court · 1930