Mitchell v. Mitchell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. Taeeaht, Circuit Judge. Action for the construction of a will, which was in the words following: “(1) I, John L. Mitchell, of the City and County of Milwaukee and State of Wisconsin, being of sound mind and memory, dofmake, publish and declare this my last will and testament in manner following: “(2) I give, bequeath and devise to my beloved wife, Harriet D. Mitchell, as trustee, all the property,…
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Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. Taeeaht, Circuit Judge. Action for the construction of a will, which was in the words following: “(1) I, John L. Mitchell, of the City and County of Milwaukee and State of Wisconsin, being of sound mind and memory, dofmake, publish and declare this my last will and testament in manner following: “(2) I give, bequeath and devise to my beloved wife, Harriet D. Mitchell, as trustee, all the property, real and personal of which I shall die seized or possessed, with the exception of five hundred thousand dollars…
1Opinion of the CourtMabstiall, J.
The judgment appealed from must be affirmed on the ground that the plain meaning of the will is that attributed thereto by the trial court. By the second clause-the sum of $500,000 is, in unmistakable words, carved out of' the entire estate of the testator, the residue being bequeathed and devised in trust for the purposes definitely pointed out in the thix'd and fifth clauses, remainder over, as indicated in the fourth clause. The only residue there could possibly be was the $500,000 excepted out of the trust created as afore-’ said. That was therefore necessarily included in the sixth…
2Cases cited3 opinions
- Holmes v. WalterWisconsin Supreme Court · 1903
- Johnson v. PughWisconsin Supreme Court · 1901
- Hart v. HartWisconsin Supreme Court · 1903
3Cited by10 opinions
- Benner v. MauerWisconsin Supreme Court · 1907
- Anderson v. AndersonSupreme Court of Iowa · 1938
- Carpenter v. LothringerSupreme Court of Iowa · 1937
- Estate of Mangel v. StrongWisconsin Supreme Court · 1971
- Patterson v. FullerWisconsin Supreme Court · 1919
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