Legal Opinion

Osborne v. Gordon

Wisconsin Supreme Court

Decided September 26, 1893PublishedCited by 5 opinions

APPEAL from the Circuit Court for La Crosse County. The facts are stated in the opinion. Rockwell E. Osborne, a trustee appointed by the county court of La Crosse county to execute a trust created by the will of Harriet A. "Wells, deceased, appeals from the judgment of the circuit court reversing the judgment of said .county court allowing a certain item in his account as such trustee.

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APPEAL from the Circuit Court for La Crosse County. The facts are stated in the opinion. Rockwell E. Osborne, a trustee appointed by the county court of La Crosse county to execute a trust created by the will of Harriet A. "Wells, deceased, appeals from the judgment of the circuit court reversing the judgment of said .county court allowing a certain item in his account as such trustee. They argued, among other things, that under sec. 4027, E. S. (providing that “ the estate so given shall vest in like manner, to all intents and fur foses, as it vested in the original trustee ”), a trustee…

1Opinion of the Court

Oetoít, J.

The facts of this case are as follows:

Harriet A. Wells died testate at the city of La Crosse on th.e 12th day of May, 1889. The following are the provisions of her will, material to this case:

“ All the rest, residue, and remainder of my estate, both *94real and personal, I hereby give, devise, and bequeath to my said executor, to sell, dispose of, and convert into money, either at private sale or public auction, on such terms as to him shall seem just and reasonable, and to divide the proceeds into three equal parts, one part of which shall be paid to my said daughter Rebecca S.…

2Cases cited4 opinions

  1. Leggett v. . HunterNew York Court of Appeals · 1859
  2. Nugent v. CloonMassachusetts Supreme Judicial Court · 1875
  3. Savings Bank v. BentonCourt of Appeals of Kentucky · 1859
  4. Chase v. DavisSupreme Judicial Court of Maine · 1876

3Cited by5 opinions

  1. Whitaker v. McDowellSupreme Court of Connecticut · 1909
  2. Sawtelle v. WithamWisconsin Supreme Court · 1896
  3. Watling v. WatlingDistrict Court, E.D. Michigan · 1926
  4. Doe v. EttenheimWisconsin Supreme Court · 1939
  5. Williams v. GardnerSupreme Court of Connecticut · 1916

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