Legal Opinion

Soehnlein v. Soehnlein

Wisconsin Supreme Court

Decided June 1, 1911PublishedCited by 28 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: WabueN D. TaebaNt, Circuit Judge. Special proceedings to obtain judicial directions respecting-ownership and disposition of trust funds. The facts found by the trial court are undisputed. The following is a summary thereof so far as relates to Emma Soehnlein and her children: 1. January 1, -1904, Frederick Pabst died, testate. He made a deed of gift at the time of executing his will and both took effect.

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Appeal from a judgment of tbe circuit court for Milwaukee county: WabueN D. TaebaNt, Circuit Judge. Special proceedings to obtain judicial directions respecting-ownership and disposition of trust funds. The facts found by the trial court are undisputed. The following is a summary thereof so far as relates to Emma Soehnlein and her children: 1. January 1, -1904, Frederick Pabst died, testate. He made a deed of gift at the time of executing his will and both took effect. By the deed a trust in $700,000, or thereabout,, par value of the capital stock of the Pabst Brewing Company,, was created…

1Opinion of the CourtMaushalx, J.

The facts here must be regarded undisputed. Thereby a very simple case is presented of distributing net accumulations of a corporation from ordinary operations of its business during the existence of a trust in part of its capital stock, created by a conveyance in general terms, of the beneficial interest therein to one person for a term, remainder over to another or others; such distribution being in the form of common stock in which profits had been invested, and new preferred stock, both changing surplus into liabilities to stock or accumulated income into permanent capital. In such…

2Cases cited8 opinions

  1. Gibbons v. MahonSupreme Court of the United States · 1890
  2. Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
  3. McLouth v. . HuntNew York Court of Appeals · 1897
  4. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  5. Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910

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

3Cited by28 opinions

  1. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
  2. Van Dyke v. City of MilwaukeeWisconsin Supreme Court · 1915
  3. Miller v. PayneWisconsin Supreme Court · 1912
  4. Welch v. WelchWisconsin Supreme Court · 1939
  5. In re Heaton's EstateSupreme Court of Vermont · 1915

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

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