Lueft v. Lueft
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Waebezv D. Tabbawt, Circuit Judge. This is an appeal from an order of the circuit court authorizing a referee to mortgage lands'in which a minor has an interest under a will. On February 17, 1895, Phillip Lueft, a resident of Milwaukee, died testate.
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Appeal from an order of the circuit court for Milwaukee county: Waebezv D. Tabbawt, Circuit Judge. This is an appeal from an order of the circuit court authorizing a referee to mortgage lands'in which a minor has an interest under a will. On February 17, 1895, Phillip Lueft, a resident of Milwaukee, died testate. His will was admitted to probate April 5, 1895. The executors named in the will duly qualified and letters testamentary issued to them, and they continued to act as executors and trustees during the continuance of the trust under the will. The will of Phillip Lueft, deceased, gave…
1Opinion of the Court
Siebegkee, J-.
Under tbe provisions of tbe will it is unquestioned that tbe executors took tbe residue of tbe estate for tbe purpose of applying tbe net income thereof, if necessary, to tbe care and maintenance, during bis life, of testator’s son William, and of bis family, if be bad any. In their administration of tbe trust, for tbe purposes and in tbe manner set out in tbe statement of facts, they mortgaged tbe real estate for $15,000 to pay in part for tbe improvements made-on it. Tbe inquiry is whether tbe executors bad power so to mortgage tbe real estate under tbe powers conferred by tbe…
2Cases cited11 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Price v. CourtneySupreme Court of Missouri · 1885
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- McCreary v. BombergerSupreme Court of Pennsylvania · 1892
- Greene v. GreeneSupreme Court of Rhode Island · 1896
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3Cited by8 opinions
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- Ottstadt v. JardineWisconsin Supreme Court · 1938
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