Lawrence v. Barber
Wisconsin Supreme Court
Appeals from a judgment of the circuit court ror Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Petition by executor for construction of tbe will of Edward Barber, who died domiciled at Milwaukee December 7, 1901, leaving surviving him as heirs at law Edward B., Benjamin C., and Florence M. Barber, children, and two grandchildren, children of his son Harry C. Barber, who died in August, 1899. The will, as probated, consisted of the original will, •executed November 7,…
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Appeals from a judgment of the circuit court ror Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Petition by executor for construction of tbe will of Edward Barber, who died domiciled at Milwaukee December 7, 1901, leaving surviving him as heirs at law Edward B., Benjamin C., and Florence M. Barber, children, and two grandchildren, children of his son Harry C. Barber, who died in August, 1899. The will, as probated, consisted of the original will, •executed November 7, 1891; a first codicil of July 11, 1895, which merely changed the nomination of executor; and a •second codicil, executed…
1Opinion of the CourtDodge, J.
1. The principal error assigned upon the appeal of the executor is the holding by the circuit court that-the sale of the homestead commanded by the second codicil was not to be performed by the executor in his official capacity as such, but by some trustee to be appointed by a court of equity; in accordance with which holding, Mr. Lawrence,. who was in fact executor, was appointed such trustee, and' was directed to pay the net proceeds to Edward B., Benjamin O. and Florence M. Barber, the trustees named in the fifth paragraph of the will, for immediate distribution, one-twelfth to the trustee…
2Cases cited18 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- In re Donges's EstateWisconsin Supreme Court · 1899
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Becker v. ChesterWisconsin Supreme Court · 1902
- In Re Proving the Last Will & Testament of VowersNew York Court of Appeals · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gallagher v. McKeagueWisconsin Supreme Court · 1905
- Sandon v. SandonWisconsin Supreme Court · 1905
- Grant v. StephensCourt of Appeals of Texas · 1917
- Hoffman v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1908
- Estate of FarberWisconsin Supreme Court · 1973
4 more not listed; retrieve them via the Exa API.