Beurhaus v. Cole
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: John R. Bennett, Circuit Judge. This is an action in eq uity for the construction of the will of John W. Cole, deceased, late of the city of Watertown. Beurhaus and Humphrey are the executors, duly qualified and acting; and Oscar A. Oole and Eliza O. Odíe are respectively the son and widow of the deceased, and his only heirs at law.
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Appeal from a judgment of the circuit court for Jefferson county: John R. Bennett, Circuit Judge. This is an action in eq uity for the construction of the will of John W. Cole, deceased, late of the city of Watertown. Beurhaus and Humphrey are the executors, duly qualified and acting; and Oscar A. Oole and Eliza O. Odíe are respectively the son and widow of the deceased, and his only heirs at law. Cole, the testator, died February 17, 1894, and his will was duly probated April 4, 1894. By the first •clause of the will the testator made the usual direction for the payment of the expenses of…
1Opinion of the CourtWinslow, J.
Although the language of the will before us is somewhat confused, and the arrangement of the provisions illogical, careful reading of the entire document renders the general intent of the testator quite plain. The general intent or plan seems to us to have been as follows: First. The testator desired his widow and son to receive certain real estate, or its equivalent, in fee, together with $5,000 in certain specified bank stock. Second. He wished to place in the hands of his executors all his remaining property, in trust to manage, invest, and reinvest the same, paying over the income to his…
2Cases cited2 opinions
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Webster v. MorrisWisconsin Supreme Court · 1886
3Cited by11 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Egan v. City & County of San FranciscoCalifornia Supreme Court · 1913
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Treadwell v. BeebeSupreme Court of Kansas · 1920
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