Hawley v. Tesch
Wisconsin Supreme Court
APPEAL from the Cirouit Court for Milwaukee County. The action was brought by Helen Hawley and Tomlinson Kent Hawley, infants, by Horace A. J. Upham, their guardian ad litem, to set aside Kales and a contract for the sale of real estate made by the defendant Tesch as executor and trustee of the will of their grandfather, Cyrus Hawley.
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APPEAL from the Cirouit Court for Milwaukee County. The action was brought by Helen Hawley and Tomlinson Kent Hawley, infants, by Horace A. J. Upham, their guardian ad litem, to set aside Kales and a contract for the sale of real estate made by the defendant Tesch as executor and trustee of the will of their grandfather, Cyrus Hawley. The defendants R. N. Hawley, Helen A. Hawley, and Clara D. Hawley, who were directly named among the residuary legatees in the will of Cjjrus Hawley, were proper parties plaintiff, but were made defendants because they claim that the proportions they are…
1Opinion of the CourtCole, C. J.
The first question, to be considered is, Should a court of equity, upon the facts stated, entertain jurisdiction of this cause on the bill of the plaintiffs, and grant such relief on the hearing as may seem just and equitable. It may well be that the plaintiffs will not be entitled to all the relief asked, but if they are entitled to some relief which a court of equity will grant, the complaint is not demur-rable because too much relief is asked. This is well settled. Stronach v. Stronach, 20 Wis. 133. The learned counsel for the appellant does not deny but that the complaint states…
2Cases cited6 opinions
- Bassett v. WarnerWisconsin Supreme Court · 1869
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Tryon v. FarnsworthWisconsin Supreme Court · 1872
- Batchelder v. BatchelderWisconsin Supreme Court · 1866
- Town of Holland v. Town of BelgiumWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Neacy v. DrewWisconsin Supreme Court · 1922
13 more not listed; retrieve them via the Exa API.