De Wolf v. Lawson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. This was a proceeding commenced, in the county court of Walworth county to obtain a construction and a determination of the validity of certain clauses in the will of Robert Lawson, deceased. The third and sixth clauses of such will are as follows: “ Third. I hereby give, devise, and bequeath unto my said executor all my real and personal estate in trust and for the uses and purposes hereinafter declared to be my will.”
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APPEAL from the Circuit Court for Walworth County. This was a proceeding commenced, in the county court of Walworth county to obtain a construction and a determination of the validity of certain clauses in the will of Robert Lawson, deceased. The third and sixth clauses of such will are as follows: “ Third. I hereby give, devise, and bequeath unto my said executor all my real and personal estate in trust and for the uses and purposes hereinafter declared to be my will.” “ Sixth. It is my will, and I direct my executor as soon as the same can be done without a sacrifice of my estate, to give…
1Opinion of the CourtCole, C. J.
The circuit court held that the eleventh and twelfth clauses of the will were in violation of the statutes of this state against perpetuities, and therefore void. The correctness of that decision is the main question before us.
The provisions of the will, so far as material to be considered, are briefly these: The testator gave all of his real and personal estate to his executor in trust for the use and purposes therein declared. In the fourth clause he says that his wife, Ann Lawson, is in feeble health and weak in mind; he therefore commits her care to his executor; declares that it is his…
2Cases cited17 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Phelps' v. . PondNew York Court of Appeals · 1861
- Dodge v. WilliamsWisconsin Supreme Court · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Harrington v. PierWisconsin Supreme Court · 1900
- Scott v. WestWisconsin Supreme Court · 1885
- Ford v. FordWisconsin Supreme Court · 1887
- Fowler v. DuhmeIndiana Supreme Court · 1896
13 more not listed; retrieve them via the Exa API.