Zillmer v. Landguth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This is an action for the construction of a will. The facts were not in dispute. Andrew Landguth, a widower, died in Milwaukee, December 1, 1880, leaving two daughters as his sole heirs, Mary (the plaintiff) and Lizzie, aged, respectively, fourteen and twelve years, and his estate consisted of a homestead in Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This is an action for the construction of a will. The facts were not in dispute. Andrew Landguth, a widower, died in Milwaukee, December 1, 1880, leaving two daughters as his sole heirs, Mary (the plaintiff) and Lizzie, aged, respectively, fourteen and twelve years, and his estate consisted of a homestead in Milwaukee. He left a will, which was after-wards duly probated, and which, omitting formal parts, was as follows: “I do hereby give, devise, and bequeath unto my children, Mary and Elizabeth,…
1Opinion of the CourtWinslow, J.
Under the will, before us, an estate in fee simple was devised to the two daughters in undivided'moieties, by apt and technical words, with a condition annexed to the effect that the devisees should not convey the same; •or, in other words, that all power of alienation should be absolutely suspended for a fixed period. We regard this •condition as void, because absolutely repugnant to the estate granted. It now seems well settled that, when a conveyance or devise is made in fee, a condition attémpted to be annexed thereto to the effect that the purchaser or dev-isee shall not for any period…
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