Legal Opinion

Bussell v. Wright

Wisconsin Supreme Court

Decided November 5, 1907PublishedCited by 4 opinions

Appeal from a judgment of tbe circuit court for La Crosse county: J. L Eetjit, Circuit Judge. W. 0. Bussell, of La Crosse, Wisconsin, made bis will d.ated June 13, 1896, and codicil dated August 15, 1896, and died November 13, 1896. By said will be disposed of a large amount of property in tbe form of legacies and trusts. Tbe specific legacies bave been paid and some of tbe trusts executed.

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Appeal from a judgment of tbe circuit court for La Crosse county: J. L Eetjit, Circuit Judge. W. 0. Bussell, of La Crosse, Wisconsin, made bis will d.ated June 13, 1896, and codicil dated August 15, 1896, and died November 13, 1896. By said will be disposed of a large amount of property in tbe form of legacies and trusts. Tbe specific legacies bave been paid and some of tbe trusts executed. This action was brought by tbe parties interested in tbe trust fund against tbe trustee for tbe purpose of decreeing a determination of tbe remaining trusts wbicb bave not ceased by expiration of time and.…

1Opinion of the CourtKeewiN, J.

There appears to be no controversy between the parties before the court on this appeal. The legatees and trustees seem willing that the trust be terminated and provision made by the court for the disposition of the property held in trust. Counsel on both sides maintain that the title of the residuary legatees vested at the time of the testator’s death, and if so the trust should be terminated. Counsel for respondent says in his brief:

“If from an inspection of the will it appears that the testator intended to vest the residuary legacy at the time of the testator’s death, the trust should be…

2Cases cited13 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Scott v. WestWisconsin Supreme Court · 1885
  3. In re Moran's WillWisconsin Supreme Court · 1903
  4. Holmes v. WalterWisconsin Supreme Court · 1903
  5. Pabst v. GoodrichWisconsin Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  2. Will on DardisWisconsin Supreme Court · 1908
  3. Upham v. PlankintonWisconsin Supreme Court · 1913
  4. First Wisconsin Trust Co. v. HamburgerWisconsin Supreme Court · 1924

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