Kavanaugh v. Watt
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KibwaN, Circuit Judge. Tbis proceeding was brought in the county court to construe tbe will of James Kavanaugb, deceased, wbicb 'is as follows: “I, James Kavanaugb, of Maple Grove, Wisconsin, being •of sound mind and memory and understanding but considering tbe uncertainties of human life, do make and declare tbis to be my last will and testament. “Eirst.
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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KibwaN, Circuit Judge. Tbis proceeding was brought in the county court to construe tbe will of James Kavanaugb, deceased, wbicb 'is as follows: “I, James Kavanaugb, of Maple Grove, Wisconsin, being •of sound mind and memory and understanding but considering tbe uncertainties of human life, do make and declare tbis to be my last will and testament. “Eirst. After tbe payment of my just debts and funeral ■expenses, I give, devise and bequeath all the rest of my property, both real estate and personal property, for masses…
1Opinion of the Court
.The following opinion was filed May 24, 1910:
KbRWIN, J.
The respondents, heirs at law, attack the will under consideration upon the grounds: (1) That it is void, independent of any statute, for uncertainty and indefiniteness; (2) that it attempts to create a private trust in violation of ■statute; and (3) that if it attempts to create a public trust it is nevertheless void because under the equity powers of the ■court it is too indefinite and uncertain to be enforced. On the part of the appellant it is insisted that the will is simple, the intent plain, and the purpose lawful; that it creates…
2Cases cited16 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- People ex rel. Ellert v. CogswellCalifornia Supreme Court · 1896
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Given v. HiltonSupreme Court of the United States · 1877
- Webster v. MorrisWisconsin Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Estate of HamiltonCalifornia Supreme Court · 1919
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- Estate of MillerWisconsin Supreme Court · 1952
- Ackerman v. FichterIndiana Supreme Court · 1913
- Minturn v. Conception AbbeyMissouri Court of Appeals · 1933
13 more not listed; retrieve them via the Exa API.