Legal Opinion

Estate of Horkan

Wisconsin Supreme Court

Decided October 9, 1956PublishedCited by 3 opinions

1Opinion of the CourtCuRRiE, J.

Appellant George A. Horkan advances the following contentions on this appeal:(1) The final decree entered in his father’s estate assigned the sum of $6,500 outright to him, and the language of the proviso immediately following such outright assignment is meaningless and void;(2) The trial court had no jurisdiction to rewrite a portion of the final decree so as now to find the creation of a trust;(3) If resort can be had to the will in construing the final decree, then the will made an absolute bequest of $6,500 to George and any subsequent qualifying language in the bequest was vague and…

2Cases cited5 opinions

  1. Schuler v. CobeenWisconsin Supreme Court · 1955
  2. Will of Dolph v. WatsonWisconsin Supreme Court · 1951
  3. Will of SmithWisconsin Supreme Court · 1922
  4. Greiling v. GenzWisconsin Supreme Court · 1953
  5. Brindley v. FowellWisconsin Supreme Court · 1956

3Cited by3 opinions

  1. United States v. Dennis P. Marx A/K/A Dennis Martin, Big "D," Dennis Burtell, Appeal of Mary Ann MarxCourt of Appeals for the Seventh Circuit · 1988
  2. Continental Illinois National Bank & Trust Co. v. SchoendorfWisconsin Supreme Court · 1967
  3. MacLean v. First National Bank of MadisonWisconsin Supreme Court · 1970

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