Benner v. Mauer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: Geoege ClemesttsoN, Circuit Judge. Proceedings were duly commenced in tbe county court of Grant county, Wisconsin, for tbe construction of a will, of which tbe following is a copy, omitting tbe signature and attestation clause: “I, John Benner, of tbe town of'Liberty, county of Grant, state of Wisconsin, being of sound mind and memory, do hereby declare this to be my last will and testament.
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Appeal from a judgment of tbe circuit court for Grant county: Geoege ClemesttsoN, Circuit Judge. Proceedings were duly commenced in tbe county court of Grant county, Wisconsin, for tbe construction of a will, of which tbe following is a copy, omitting tbe signature and attestation clause: “I, John Benner, of tbe town of'Liberty, county of Grant, state of Wisconsin, being of sound mind and memory, do hereby declare this to be my last will and testament. “I. All my just debts and funeral expenses shall be fully paid. “II. All my property shall be put on interest by some one appointed by tbe…
1Opinion of the CourtMaeshall, J.
A vigorous attack is made on the decision that the doctrine of equitable conversion applies to the will, .giving all of the testator’s property the character of personalty. The decision is manifestly right if the testator expressly or by necessary implication directed his estate to be administered and distributed in the form of money. Dodge v. Williams, 46 Wis. 70, 1 N. W. 92, 50 N. W. 1103; Ford v. Ford, 70 Wis. 19, 33 N. W. 188; Harrington v. Pier, 105 Wis. 485, 82 N. W. 345; Becker v. Chester, 115 Wis. 90, 91 N. W. 87, 650. The trial court probably came to the conclusion that such was the…
2Cases cited14 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Everitt v. . EverittNew York Court of Appeals · 1864
- Scott v. WestWisconsin Supreme Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Miller v. PayneWisconsin Supreme Court · 1912
- Williams v. ParsonsWisconsin Supreme Court · 1920
21 more not listed; retrieve them via the Exa API.