McManany v. Sheridan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Vernon County. Ejectment for about sixty acres of land. The action was tried by the court, and the facts were all stipulated.
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APPEAL from the Circuit Court for Vernon County. Ejectment for about sixty acres of land. The action was tried by the court, and the facts were all stipulated. It appears that the land in question was owned by one Arthur Sheridan up to the time of his death, which occurred November 29, 1888; that he left a will which was duly probated, by the terms of which, after directing payment of his funeral expenses and debts, he bequeathed $25 to St. James Catholic Church at Rising Sun, and bequeathed $25 to be paid annually by his son or, in • his absence, by his executor to the priest of said church,…
1Opinion of the CourtViNslow, J.
Ve construe the fourth and fifth paragraphs of the will in question as vesting a present estate in fee in Thomas Sheridan. Vbetber that estate be a base fee by reason of the condition attempted to be imposed by tbe fifth paragraph, or whether such condition be void because *542too indefinite to be enforced, is not material to the controversy before us, and is not decided. The condition, if valid, is a condition upon which the estate of the nephews and nieces depends for its inception, and not the estate of Thomas. Thomas thus having a present estate in the land, it was competent for the court in…
2Cases cited3 opinions
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Flood v. PilgrimWisconsin Supreme Court · 1873
- Filbey v. CarrierWisconsin Supreme Court · 1878
3Cited by10 opinions
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Schick v. WhitcombNebraska Supreme Court · 1903
- Riedi v. HeinzlWisconsin Supreme Court · 1942
- Volk v. StowellWisconsin Supreme Court · 1898
- Estate of RiemanWisconsin Supreme Court · 1956
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