Will of Payne
Wisconsin Supreme Court
Appeal from a judgment of the county court of Milwaukee county: Michael S. Sheridan, Judge. Construction of will. Lydia W. Payne died on December 24, 1915, and by will disposed of an estate consisting of stocks and bonds appraised at $392,758.89. By her will she directed the payment of certain legacies, either directly to the legatees or in trust for their benefit. Clause 19 is as follows: "Nineteenth.
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Appeal from a judgment of the county court of Milwaukee county: Michael S. Sheridan, Judge. Construction of will. Lydia W. Payne died on December 24, 1915, and by will disposed of an estate consisting of stocks and bonds appraised at $392,758.89. By her will she directed the payment of certain legacies, either directly to the legatees or in trust for their benefit. Clause 19 is as follows: "Nineteenth. At the time of my decease, a portion of my estate may be invested in such a way that it would be inexpedient to settle my estate within the period it ordinarily takes to settle an estate.…
1Opinion of the CourtRosenberry, J.
It is agreed by all of the parties in interest that the intent of the testatrix is controlling. The controversy arises because different inferences are drawn as to her intent. The Nineteenth clause contains the following provision:
“At the time of my decease, a portion of my estate may be invested in such a way that it would be inexpedient to settle my estate within the period it ordinarily takes to settle an estate. Therefore, it is my wish that the executor hereby appointed need not divide my estate or pay any legacies until, in their judgment, such division would be for the best interest of…
2Cases cited9 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Ogden v. PatteeMassachusetts Supreme Judicial Court · 1889
- Will of StarkWisconsin Supreme Court · 1912
- Hoffmeister v. AmbergWisconsin Supreme Court · 1916
- Loring v. Massachusetts Horticultural SocietyMassachusetts Supreme Judicial Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Estate of HubbellCalifornia Supreme Court · 1932
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- Gibbs v. MendozaCalifornia Court of Appeal · 1930
- Cleary v. Estate of WhiteSupreme Court of Connecticut · 1948
- Will of ForsterWisconsin Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.