Davis v. Davis
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: Chbstbe A. Eowlee, Judge. Tbe trustees of tbe estate of Aaron IT. Davis, deceased, petitioned tbe court for tbe construction of tbe will of tbe deceased. It appears that tbe deceased died, leaving a will with a codicil; that probate thereof bad been duly granted September 3,1889; and that petitioners were the duly appointed and acting trustees to administer the trust created by the will.
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Appeal from a judgment of tbe circuit court for La Crosse county: Chbstbe A. Eowlee, Judge. Tbe trustees of tbe estate of Aaron IT. Davis, deceased, petitioned tbe court for tbe construction of tbe will of tbe deceased. It appears that tbe deceased died, leaving a will with a codicil; that probate thereof bad been duly granted September 3,1889; and that petitioners were the duly appointed and acting trustees to administer the trust created by the will. Under the' terms of the will the residue of the estate, after making provision for some specific bequests and charges, was given in trust with…
1Opinion of the Court
Tbe following opinion was filed April 9, 1907:
Siebecker, J.
Erom tbe provisions of tbe will, above stated, it is clear that testator created a trust estate of tbe residue of bis estate, disposed of tbe net income thereof, and directed that sucb income should be received by bis widow and bis two sons in equal parts during tbe life of each. Tbe uncertainty arises as to tbe disposition made of this income in case of tbe death of either or both sons. Tbe provisions of tbe will as they stood before tbe codicil was executed are plainly to the effect that, in tbe event of tbe death of a son leaving a…
2Cases cited1 opinion
- In re Donges's EstateWisconsin Supreme Court · 1899
3Cited by5 opinions
- Uihlein v. UihleinWisconsin Supreme Court · 1960
- MacLean v. First National Bank of MadisonWisconsin Supreme Court · 1970
- McElligott v. MurrayWisconsin Supreme Court · 1974
- McCall v. BiltyWisconsin Supreme Court · 1920
- McElligott v. MurrayWisconsin Supreme Court · 1974