Becker v. Chester
Wisconsin Supreme Court
Appeals from orders of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to quiet a controversy as to tire legal effect of tbe will of Sberbnm S. Merrill, claimed by plaintiffs to be a suit in effect for tbe construction of snob will. Tbe complaint, by appropriate-allegations, shows that all persons interested in tbe validity of that part of tbe will called in question are parties plaintiff or defendant.
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Appeals from orders of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to quiet a controversy as to tire legal effect of tbe will of Sberbnm S. Merrill, claimed by plaintiffs to be a suit in effect for tbe construction of snob will. Tbe complaint, by appropriate-allegations, shows that all persons interested in tbe validity of that part of tbe will called in question are parties plaintiff or defendant. Tbe following matters are also, in effect, alleged therein: Tbe will was duly established April 21, 1885. Letters testamentary were then issued to tbe…
1Concurrence
The following opinion was filed July 5,1902:
Cassoday, O. J.
I fully concur in the affirmance of the several orders from which the appeals are taken. The will expressly gave full power at all times to sell and convey the real estate and any part thereof, and to convert the same into personal property. The general scheme and purpose of the will is in harmony with its express language, and by necessary implication requires the real estate to be converted into personal property and to be administered and finally disposed of as such. Under the well-established doctrine of equitable conversion which…
2Cases cited25 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Asher v. TexasSupreme Court of the United States · 1888
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Harrington v. PierWisconsin Supreme Court · 1900
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