In re Will of Kopmeier
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCb W. Halsey, Circuit Judge. On April 7, 1887, John T. Kopmeier executed bis will, whereby, after certain money bequests, be gave all of the-residue of the estate to his wife, to hold during the term of her natural life, subject to the charge of supporting two-daughters until their marriage. The sixth clause of the will was as follows: “Sixth.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCb W. Halsey, Circuit Judge. On April 7, 1887, John T. Kopmeier executed bis will, whereby, after certain money bequests, be gave all of the-residue of the estate to his wife, to hold during the term of her natural life, subject to the charge of supporting two-daughters until their marriage. The sixth clause of the will was as follows: “Sixth. From and immediately after the death of my beloved wife, I give, devise, and bequeath all the rest, residue,, and remainder of my estate, both real and personal, goods, and…
1Opinion of the CourtDodge, J.
The first contention made by appellants is that by the sixth paragraph of the will a devise is made to the testator’s children, to take effect upon the death of their mother, absolutely and in fee simple, and that the prohibition against conveyance, being repugnant thereto, is wholly void; basing their contention upon Zillmer v. Landguth, 94 Wis. 607. If the premise were conceded, escape from the conclusion would not be easy; but that premise is controverted by the contention that the will evidently creates a trust in the executors, to continue during the unexpired part of the period limited…
2Cases cited14 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- In re Donges's EstateWisconsin Supreme Court · 1899
- Scott v. WestWisconsin Supreme Court · 1885
- Ford v. FordWisconsin Supreme Court · 1887
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3Cited by16 opinions
- Chayka v. SantiniWisconsin Supreme Court · 1970
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Doolittle v. McConnellCalifornia Court of Appeal · 1924
- In Re Ziegner's EstateWashington Supreme Court · 1928
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