Will of Prasser
Wisconsin Supreme Court
Appeals from a judgment of the circuit eourt for Milwaukee county: J. C. Ludwig, Circuit Judge. George I. Prasser died.May 5, 1902, leaving a will, which was afterwards duly probated, and by which he gave the use of all his property to his. wife during her life, and provided that after her death his executors should hold the entire estate in trust for ten years, using so much of the income as might be necessary for the maintenance of the property, keeping the real estate in…
Read the full summary
Appeals from a judgment of the circuit eourt for Milwaukee county: J. C. Ludwig, Circuit Judge. George I. Prasser died.May 5, 1902, leaving a will, which was afterwards duly probated, and by which he gave the use of all his property to his. wife during her life, and provided that after her death his executors should hold the entire estate in trust for ten years, using so much of the income as might be necessary for the maintenance of the property, keeping the real estate in good repair, paying all taxes thereon, and rebuilding any buildings that might be destroyed by fire, and dividing the…
1Opinion of the Court
Winsnow, C. T.
The question upon the appeal of the executors and trustees is whether the estate vested in the children living at the time of the testator’s death, or whether there will be no vesting of the estate until the end of the trust period, and then only in the children who shall then survive.
In determining the nature of an estate created by will, the will itself is to be first consulted and afterwards the statute. The operations should not be reversed. The will is to be first construed because the first and controlling question is, What *95sort of an estate did the testator intend to…
2Cases cited5 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Smith v. SmithWisconsin Supreme Court · 1903
- Ohse v. MillerWisconsin Supreme Court · 1909
- Miller v. Town of CascoWisconsin Supreme Court · 1903
3Cited by7 opinions
- Will of ReynoldsWisconsin Supreme Court · 1912
- Harley v. HarleyWisconsin Supreme Court · 1909
- Brack v. CoburnSupreme Court of Arkansas · 1946
- Brazeau v. StewartWisconsin Supreme Court · 1955
- Crow v. Marshall & Ilsley BankWisconsin Supreme Court · 1962
2 more not listed; retrieve them via the Exa API.