Wisconsin Trust Co. v. Miley
Wisconsin Supreme Court
Appeal from an order of the county court of Milwaukee county: John C. Karel, Judge. The action arose on objection of the Wisconsin Trust Company, now the First Wisconsin Trust Company, of Milwaukee, to the final account of John IJ. Miley, executor under the will of George M. Barrett, deceased. George M. Barrett died on November 6, 1916, leaving a will whereby $63,000 was given to the Wisconsin Trust Company as trustee.
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Appeal from an order of the county court of Milwaukee county: John C. Karel, Judge. The action arose on objection of the Wisconsin Trust Company, now the First Wisconsin Trust Company, of Milwaukee, to the final account of John IJ. Miley, executor under the will of George M. Barrett, deceased. George M. Barrett died on November 6, 1916, leaving a will whereby $63,000 was given to the Wisconsin Trust Company as trustee. The paragraphs whereby the trusts were created are as follows: Paragraph 10 gives $3,000 to the Wisconsin Trust Company “to hold in trust for the following, use and purpose:…
1Opinion of the CourtSiebecker, C. J.
The county court held that the executor was not required to pay interest on the bequests above set forth from the date of the testator’s death. This holding is challenged on the grounds that (1) since the beneficiaries ■received from the testator a substantial monthly amount as a gratuity for their support for years prior to his death, the relationship of the beneficiaries to testator was that of dependents, and hence these provisions of the will are within the exception to the rule that interest on a general legacy does not commence to accrue until one year after the death of testator; (2)…
2Cases cited2 opinions
- Fenton v. HallIllinois Supreme Court · 1908
- Evans v. PosterWisconsin Supreme Court · 1891
3Cited by2 opinions
- Estate of BoyceWisconsin Supreme Court · 1921
- Will of ForsterWisconsin Supreme Court · 1928