Powers v. Powers
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac Comity. Tbe plaintiff, Orlin W. Powers, appealed from an order sustaining a demurrer of tbe defendant, .Enos B. Powers, to his complaint.
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APPEAL from tbe Circuit Court for Fond du Lac Comity. Tbe plaintiff, Orlin W. Powers, appealed from an order sustaining a demurrer of tbe defendant, .Enos B. Powers, to his complaint. Tbe grounds of complaint and demurrer are stated in tbe opinion. argued that tbe legacy was an equitable charge on tbe land devised, although tbe devisee was executor or residuary legatee, tbe will not indicating a contrary intention {Alcock v. Sparhawk, 2 Yern., 228; Elliot v. Hancock, id., 143; Harris v.- Fly, 7 Paige, 421; Podge v. Manning, 11 Paige, 334; Sands v. Champlin, 1 Story, 376; Bugbee v? Sargent, 23…
1Opinion of the CourtLyoN, J.
The complaint states that on or about the 20th day of April, 1868, Jonathan Powers, the father of the parties to this action, died testate; that his will was duly admitted to probate in the proper court, and the executors therein named, who were the defendant and one John J. Driggs, duly accepted the trust, qualified as such executors, and entered upon tbe duties as such; and that these proceedings were had May 18, 1868.
The complaint sets out the last will and testament of the testator in full, from which it appears that he devised specific parcels of land to each of his children, including…
2Cases cited2 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Sands v. ChamplinU.S. Circuit Court for the District of Rhode Island · 1840
3Cited by11 opinions
- Wier v. SimmonsWisconsin Supreme Court · 1882
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Merton v. O'BrienWisconsin Supreme Court · 1903
- Krahn v. GoodrichWisconsin Supreme Court · 1917
- Severin v. RueckerickWisconsin Supreme Court · 1884
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