Kavanaugh v. Watt
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KibwaN, Circuit Judge. Tbis proceeding was brought in the county court to construe tbe will of James Kavanaugb, deceased, wbicb 'is as follows: “I, James Kavanaugb, of Maple Grove, Wisconsin, being •of sound mind and memory and understanding but considering tbe uncertainties of human life, do make and declare tbis to be my last will and testament. “Eirst.
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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KibwaN, Circuit Judge. Tbis proceeding was brought in the county court to construe tbe will of James Kavanaugb, deceased, wbicb 'is as follows: “I, James Kavanaugb, of Maple Grove, Wisconsin, being •of sound mind and memory and understanding but considering tbe uncertainties of human life, do make and declare tbis to be my last will and testament. “Eirst. After tbe payment of my just debts and funeral ■expenses, I give, devise and bequeath all the rest of my property, both real estate and personal property, for masses…
1Concurrence 1
The following opinion was filed June 10, 1910:
2Concurrence · MarshallMarshall, J.
I choose to add a few words-to the able opinion for the court by my Brother Kerwik, in order to make more significant that preservation of the public trust intended by the donor does not depend upon the doctrine of equitable conversion, and treat, briefly, some suggested infirmities in the trust, made during our consideration, which might otherwise cause doubt as to the soundness of the court’s conclusions.
The full reintrenchment in the jurisprudence of this state of the common-law doctrine of charities was significantly commenced in Dodge v.…
3Cases cited5 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Barker v. DaytonWisconsin Supreme Court · 1871
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Hood v. DorerWisconsin Supreme Court · 1900