Tabor v. Tabor
Wisconsin Supreme Court
APPEAL from the Circuit Court for la Fayette County. Action for the construction of the will of Charles Tabor, and to set aside a deed of certain real estate of said deceased, made b¶ Elizabeth Tabor, his widow, to the defendant John Tabor. Charles Tabor died March 14, 1886, testate, leaving a widow, the defendant Elizabeth, and six adult children, four of whom are plaintiffs in this- action, and two of whom, John and Lulce, with their mother, are defendants.
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APPEAL from the Circuit Court for la Fayette County. Action for the construction of the will of Charles Tabor, and to set aside a deed of certain real estate of said deceased, made b¶ Elizabeth Tabor, his widow, to the defendant John Tabor. Charles Tabor died March 14, 1886, testate, leaving a widow, the defendant Elizabeth, and six adult children, four of whom are plaintiffs in this- action, and two of whom, John and Lulce, with their mother, are defendants. The deceased left a small homestead in Dar-lington, and a farm of 160 acres, which farm is the subject of this litigation. His will was…
1Opinion of the CourtWmsLow, J.
The controlling question presented is whether the words of the will create a precatory trust, so that, notwithstanding the absolute devise of a fee to the widow in the first part of the will, she must be held to take only a life estate, coupled with a trust as to the remainder in favor of the children. The subject of precatory trusts was very fully investigated by this court in Knox v. Knox, 59 Wis. 172. It was there said by the late Mr. Justice Taylor that the two important questions to be considered in such a case are: “ First, has the testator, in his expressed request, clearly pointed out…
2Cases cited1 opinion
- Knox v. KnoxWisconsin Supreme Court · 1884
3Cited by9 opinions
- Swarthout v. SwarthoutWisconsin Supreme Court · 1901
- Woehler v. BohnertWisconsin Supreme Court · 1934
- Will of Olson v. OlsonWisconsin Supreme Court · 1917
- Cooke v. KingOregon Supreme Court · 1936
- Long v. WillseySupreme Court of Minnesota · 1916
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