Duggan v. O'Brien
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wal-worth county: Jay F. Lyon, Judge. Action to construe a will. After making certain specific legacies and providing that the rest of his estate should be converted into cash, the testator’s will, under clause 8, provided : “I also give and bequeath one sixth of said sum remaining after the payment of my just debts and funeral expenses and the specific bequests which I have made herein, to my grandson, John Joseph O’Brien, said…
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Appeal from a judgment of the county court of Wal-worth county: Jay F. Lyon, Judge. Action to construe a will. After making certain specific legacies and providing that the rest of his estate should be converted into cash, the testator’s will, under clause 8, provided : “I also give and bequeath one sixth of said sum remaining after the payment of my just debts and funeral expenses and the specific bequests which I have made herein, to my grandson, John Joseph O’Brien, said sum to be paid to my grandson by my said executor hereinafter named when my said grandson shall arrive at the age of…
1Opinion of the CourtVinje, J.
Speaking of the remainder of his estate after the'specific legacies and debts and expenses have been paid. *44the testator says: “I give and bequeath one sixth of said sum ... to my grandson John Joseph O’Brien,” to be paid to him with accumulated interest -when he shall arrive at the age of thirty years. We have here a gift in prcesenti, absolute in form, with no restriction except a postponement of the time of payment. In such case the interest of the legatee vests upon the death of the testator, unless a contrary intent can clearly be gathered from the will; Scott v. West, 63 Wis. 529, 24 N.…
2Cases cited6 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- In re Moran's WillWisconsin Supreme Court · 1903
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Will of OwensWisconsin Supreme Court · 1916
- Ohse v. MillerWisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thatcher v. FouksWisconsin Supreme Court · 1931
- Will of CaldwellWisconsin Supreme Court · 1931