Upham v. Plankinton
Wisconsin Supreme Court
Appeals from an order and a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. The order was in a special proceeding commenced under ch. 300, Laws of 1899, as amended by ch. 342, Laws of 1899, for authority to make a ninety-nine year lease of interests created in certain real estate by the will of John Plaukinton, deceased, the legal title being vested in testamentary trustees and there being beneficiaries in esse and others in possibility.
Read the full summary
Appeals from an order and a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. The order was in a special proceeding commenced under ch. 300, Laws of 1899, as amended by ch. 342, Laws of 1899, for authority to make a ninety-nine year lease of interests created in certain real estate by the will of John Plaukinton, deceased, the legal title being vested in testamentary trustees and there being beneficiaries in esse and others in possibility. The petition was made by the trustees. It was granted. The statute, in terms, authorized judicial permission, for any of the…
1DissentBajmtes, J.
I am unable to find in the authorities cited in the opinion of the court any support for the proposition decided. I think authority and reason are against the decision.
The trust period ends with the death of Elizabeth, Plank-inton. When the lease was made her expectancy was about sixteen years. She may live a few years more or less, but the variance between the estimated and the 'actual length of life is not material, and for all practical purposes the estimate may be assumed to be correct. No express power was given by the Plankinton will to the trustees to lease the trust property at all,…
2Cases cited20 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Hale v. HaleIllinois Supreme Court · 1893
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Ruggles v. TysonWisconsin Supreme Court · 1899
- Marsh v. ReedIllinois Supreme Court · 1900
15 more not listed; retrieve them via the Exa API.