Miller v. Payne
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Milwaukee county: W. J. Turheb., Circuit Judge. Henry C. Payne, late of Milwaukee, Wisconsin, died testate on the 4tk day of October, 1904. Tbe defendant Lydia, W. -Payne is tbe widow of tbe deceased, tbe defendant Imogene P. Cameron is bis sister, and tbe defendant Winfield PL. Cameron is tbe son of said Imogene P. Cameron.
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Appeals from a judgment of tbe circuit court for Milwaukee county: W. J. Turheb., Circuit Judge. Henry C. Payne, late of Milwaukee, Wisconsin, died testate on the 4tk day of October, 1904. Tbe defendant Lydia, W. -Payne is tbe widow of tbe deceased, tbe defendant Imogene P. Cameron is bis sister, and tbe defendant Winfield PL. Cameron is tbe son of said Imogene P. Cameron. Tbe last will and testament of said Henry C. Payne was admitted to. probate in tbe county court of Milwaukee county on tbe lltb day of October, 1904, and letters testamentary issued to George P. Miller and Prank G. Bigelow…
1Opinion of the Court
Tbe following opinion was filed June 4, 1912:
ViNJE, J.
Tbe appeal of Mrs. Gamer on presents these questions: (1) When did tbe trust estate rest — at tbe time of tbe death of tbe testator or at tbe time of tbe partial division of tbe estate, December 30, 1909 ? (2) Should corpus bear tbe loss of tbe Bigelow defalcation? (3) Should tbe National Surety Company’s dividend of $250,000, declared in January, 1911, go to life tenant or remainderman, or partly to both? (4) Was tbe First National Bank dividend of $532,617.12, declared in May, 1911, in fact a dividend, or did it remain corpusf (5) If a…
2Cases cited14 opinions
- Hite's Devisees v. Hite'sCourt of Appeals of Kentucky · 1892
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Gray v. DarlingtonSupreme Court of the United States · 1872
- Kalbach v. ClarkSupreme Court of Iowa · 1907
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3Cited by26 opinions
- Van Dyke v. City of MilwaukeeWisconsin Supreme Court · 1915
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Welch v. WelchWisconsin Supreme Court · 1939
- Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
- Will of OwensWisconsin Supreme Court · 1916
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