Tyson v. Tyson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee .county: D. H. Johnson, Circuit Judge. The case is thus fairly stated in the appellants’ brief: 'This is an action to remove a cloud upon the title of certain real estate, by annulling a trust deed and a will, in certain-particulars, and having them declared void as being in violation of the statutes against unlawful suspension of the power of alienation. ' Prior to the 19th day of November, 1874, Robert IT.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee .county: D. H. Johnson, Circuit Judge. The case is thus fairly stated in the appellants’ brief: 'This is an action to remove a cloud upon the title of certain real estate, by annulling a trust deed and a will, in certain-particulars, and having them declared void as being in violation of the statutes against unlawful suspension of the power of alienation. ' Prior to the 19th day of November, 1874, Robert IT. Ca-bell, of Baltimore, Md., owned fifteen lots in the city of Milwaukee. On said 19th day of November said R. H. Cabell and…
1Opinion of the CourtWinslow, J.
The deed of Novemoer 19, 1874, purported to convey to Lapham and Houghton the legal title of the property in question in trust to hold such title and thereafter make conveyance thereof upon various contingencies as directed in the body of the instrument. The supposed trust was a passive or dry trust only,— a mere holding of the naked legal title. It was not an express trust, as defined and authorized by sec. 2081, S. & B. Ann. Stats., and hence it was one of the trusts abolished by the terms of sec. 2071 of the same statutes. So far, however, as the grants in the deed would have been valid if…
2Cases cited2 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Ford v. FordWisconsin Supreme Court · 1887
3Cited by6 opinions
- Tyson v. RichardsonWisconsin Supreme Court · 1899
- Stephenson v. NorrisWisconsin Supreme Court · 1906
- Perkins v. Burlington Land & Improvement Co.Wisconsin Supreme Court · 1902
- Eggleston v. SwartzWisconsin Supreme Court · 1911
- Webber v. WebberWisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.