Chesterfield v. Hoskin
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Eay-ette county: George ClemeNtsoN, Circuit Judge. Tbis action was commenced" October 5, 1905. Tbe complaint alleges, in effect, that tbe plaintiff is seised in fee simple absolute and in tbe actual possession of tbe lands therein described; that the defendants and each of them make some claim to said lands and demand judgment that tbe plaintiff’s claim and title to said lands be established against any claim of either of…
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Appeal from a judgment of tbe circuit court for La Eay-ette county: George ClemeNtsoN, Circuit Judge. Tbis action was commenced" October 5, 1905. Tbe complaint alleges, in effect, that tbe plaintiff is seised in fee simple absolute and in tbe actual possession of tbe lands therein described; that the defendants and each of them make some claim to said lands and demand judgment that tbe plaintiff’s claim and title to said lands be established against any claim of either of tbe defendants; that tbe defendants and each of them be forever barred against having or claiming any right or title to…
1Opinion of the Court
Cassoday, C. T.
1. The decision of this case turns upon the construction to be given to the provisions of the will set forth in the foregoing statement. All agree that 'the intentions of the testator, in so far as they are expressed in the will, must prevail. Of course, no construction can be indulged which is in conflict with such intentions. There is no controversy as to the meaning of the third paragraph of the will. The executors were there required to invest and reinvest the claim against Jeffrey until the grandson became twenty-one years of age, and then the same was to be paid over to…
2Cases cited2 opinions
- Korn v. FrizWisconsin Supreme Court · 1906
- Webber v. WebberWisconsin Supreme Court · 1901
3Cited by5 opinions
- Will of OwensWisconsin Supreme Court · 1916
- Eggleston v. SwartzWisconsin Supreme Court · 1911
- Will of CaldwellWisconsin Supreme Court · 1931
- Will of HarringtonWisconsin Supreme Court · 1910
- Sauer v. SauerWisconsin Supreme Court · 1937