Van Brunt v. Ferguson
Wisconsin Supreme Court
Appeal from a judgment of the circuit coiirt for Waukesha •county: MaetiN L. Luece, Circuit Judge. This is an equitable action to reform a trust deed of real estate made by the plaintiff to the trustees of the Wisconsin Consistory (a Masonic body) in November, 1905, for charitable purposes, on the ground of mutual mistake. From a judgment reforming the deed as prayed two of the present beneficiaries of the trust appeal. There is little dispute as to the essential facts.
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Appeal from a judgment of the circuit coiirt for Waukesha •county: MaetiN L. Luece, Circuit Judge. This is an equitable action to reform a trust deed of real estate made by the plaintiff to the trustees of the Wisconsin Consistory (a Masonic body) in November, 1905, for charitable purposes, on the ground of mutual mistake. From a judgment reforming the deed as prayed two of the present beneficiaries of the trust appeal. There is little dispute as to the essential facts. The plaintiff is and was at the time of the execution of the deed a Master Mason. He owned a farm of 319 acres with…
1Opinion of the Court
. WiNSiow, O. J.
The jurisdiction of a court of equity, when seasonably invoked, to reform written instruments *546which by mutual mistake do not express the real meaning of the parties, is very ancient and well recognized. A deed establishing a charitable trust may doubtless be thus reformed in a proper case providing the necessary parties are before the court. The necessary parties are all present in this action, namely, the original grantees in the deed, the corporation at present holding the title, the present trustees of the Consistory, a sufficient representation of the 2,700 members of the…
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