Legal Opinion

In re Bradley's Will

Wisconsin Supreme Court

Decided November 15, 1904PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. TIalsey, Circuit Judge. In 1819 William H. Bradley made bis will, whereby he-devised and bequeathed to bis wife, Emma Bradley, the homestead, its furnishings, etc., and to three aunts annuities of $100 each, and as fo all the “residue” provided: “I give, bequeath and devise (the same) to my said wife,. Emma H. Bradley, and my said brothers, Edward Bradley and James W. Bradley, and to my adopted…

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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. TIalsey, Circuit Judge. In 1819 William H. Bradley made bis will, whereby he-devised and bequeathed to bis wife, Emma Bradley, the homestead, its furnishings, etc., and to three aunts annuities of $100 each, and as fo all the “residue” provided: “I give, bequeath and devise (the same) to my said wife,. Emma H. Bradley, and my said brothers, Edward Bradley and James W. Bradley, and to my adopted son, ’William Turner Bradley, share and share alike, so that each of them shall, be entitled to an undivided one-fourth…

1Opinion of the CourtDodgke, J.

By his will the testator bequeathed to each of the appellants one fourth of the residue of his estate. Besi-due is variously defined as “that which remains after discharging all legal and testamentary claims on the estate.” Eyre v. Marsden, 4 Mylne & C. 231, 243. “That which is left after the payment of charges, debts and particular legacies.” Phelps v. Robbins, 40 Conn. 250, 264. “That which remains after all paramount claims upon the testator’s estate ■are satisfied.” Tomlinson v. Bury, 145 Mass. 346, 14 N. E. 137. “All, of which no effectual disposition is made by will other than [by] the…

2Cases cited6 opinions

  1. Harrington v. PierWisconsin Supreme Court · 1900
  2. Morton v. . WoodburyNew York Court of Appeals · 1897
  3. Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
  4. Phelps v. RobbinsSupreme Court of Connecticut · 1873
  5. Ford v. FordWisconsin Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Will of ReynoldsWisconsin Supreme Court · 1912
  2. Thatcher v. FouksWisconsin Supreme Court · 1931
  3. O'Brien v. MalcombCalifornia Supreme Court · 1920
  4. Casey v. GenterMassachusetts Supreme Judicial Court · 1931
  5. In Re Estate of SchwertleySupreme Court of Iowa · 1940

3 more not listed; retrieve them via the Exa API.

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