Eggleston v. Swartz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county; Chester A. Fowler, Circuit Judge. This is an action to foreclose a real-estate mortgage given by Samuel Swartz to secure certain promissory notes. The mortgage on its face attempts to convey a fee of the real estate described. 'Samuel Swartz had an estate in these premises under the will of his father, Peter Swartz. The character of this estate is an issue in this action.
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Appeal from a judgment of the circuit court for Fond du Lac county; Chester A. Fowler, Circuit Judge. This is an action to foreclose a real-estate mortgage given by Samuel Swartz to secure certain promissory notes. The mortgage on its face attempts to convey a fee of the real estate described. 'Samuel Swartz had an estate in these premises under the will of his father, Peter Swartz. The character of this estate is an issue in this action. Samuel Swartz, died intestate, and the action is brought against his widow and his two children as his heirs at law. The children claim to be the owners of…
1Opinion of the Court
The following opinion was filed December 6, 1910:
SiebecKER, J.
The provisions of the will were construed ¡by the circuit court as giving to the widow of the testator a *109life estate and to each of bis four children named in the will a conditional fee terminating at tbeir death, and that the fee so' devised to his four children by the will passed on the death of either of them to such children of such devisee as were then living, and in default of children to the brothers and sisters-of the devisee. This construction is assailed by the appellant, the mortgagee of Samuel, upon the ground that it…
2Cases cited13 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Becker v. ChesterWisconsin Supreme Court · 1902
- Nellis v. . NellisNew York Court of Appeals · 1885
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3Cited by5 opinions
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- Will of OwensWisconsin Supreme Court · 1916
- State v. GinsbergSupreme Court of Minnesota · 1926
- Baker v. SternWisconsin Supreme Court · 1927
- Will of Fitton v. First National Bank & Trust Co. of RacineWisconsin Supreme Court · 1935