Will of Dever
Wisconsin Supreme Court
Appeal from a judgment of the county court of Milwaukee county: John C. Karel, Judge. The appeal is from a judgment construing the residuary, clause of the will of Thomas P. Dever, deceased. Thomas • P. Dever. died January 12, 1920, aged about sixty years,; without issue, widow, parents, brothers, or sisters surviving.
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Appeal from a judgment of the county court of Milwaukee county: John C. Karel, Judge. The appeal is from a judgment construing the residuary, clause of the will of Thomas P. Dever, deceased. Thomas • P. Dever. died January 12, 1920, aged about sixty years,; without issue, widow, parents, brothers, or sisters surviving. The petitioner is his aunt, a woman about sixty-six years of age, his only surviving relative in the third degree of ; kindred, and therefore sole heir at law next.to,kin. On . February 26, 1919, the testator, while on, a visit in the, ci.ty , of New Orleans, accompanied by Dr.…
1Opinion of the CourtOwen, J.
It is the contention of the appellant that by the language of the residuary clause of the will'the testator attempted to create a trust, which is void for uncertainty and indefiniteness, and that the residue of the estate should be disposed of as intestate property. It is conceded that if the testator did intend to create a trust it is too indefinite and uncertain to be administered, and the attempt failed. The question here is, Did the testator attempt to create a trust ? Appellant’s contention in this behalf is based entirely upon the use of the phrase “in trust” in the clause of the will…
2Cases cited7 opinions
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Bristol v. BristolSupreme Court of Connecticut · 1885
- Davies v. DaviesWisconsin Supreme Court · 1901
- Barnett v. BarnettCourt of Appeals of Maryland · 1912
- Cheney v. PlumbWisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Ralston v. KagariseCalifornia Supreme Court · 1934
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