Legal Opinion

Booth v. Wilkinson

Wisconsin Supreme Court

Decided February 3, 1891PublishedCited by 5 opinions

APPEAL from tbe Circuit Court for Qra/nt County. Tbe facts are’ stated in tbe opinion. They cited 1 Perry, Trusts, secs. 443, 463; Flint, Trusts, sec. 164; Lewin, Trusts, *295-6; 75 Am. Dec. 804, note; Williams v. Williams, 55 Wis. 300; Lunham v. Blundell, 4 Jur. (N. S.), 3; Comm. v. MeAlis-ter, 28 Pa. St. 480; 8. C. 30 id. 536; Jenhins v. Walter, 8 Gill & J. 218; In re Stafford, 11 Barb. 353; School Dist. v. First Nat.

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APPEAL from tbe Circuit Court for Qra/nt County. Tbe facts are’ stated in tbe opinion. They cited 1 Perry, Trusts, secs. 443, 463; Flint, Trusts, sec. 164; Lewin, Trusts, *295-6; 75 Am. Dec. 804, note; Williams v. Williams, 55 Wis. 300; Lunham v. Blundell, 4 Jur. (N. S.), 3; Comm. v. MeAlis-ter, 28 Pa. St. 480; 8. C. 30 id. 536; Jenhins v. Walter, 8 Gill & J. 218; In re Stafford, 11 Barb. 353; School Dist. v. First Nat. Bank, 102 Mass. 174. contended, mter alia, that tbe true rule, deducible from all tbe cases, is that when, tbe act of tbe trustee is unequivocal in character, and itself…

1Opinion of the CourtObton, J.

The appellants are the heirs at law of William Booth, deceased. Two of them are of age, and one still a minor who appears by guardian ad litem. The respondent was their general guardian. Their mother, Mrs. Booth, had removed to Nebraska with her children, and had there been appointed guardian of the one infant heir, and the moneys belonging to the heirs had been sent to her there, by the respondent, when received by him. The respondent had sold a farm belonging to their estate, as guardian, to one Hilton, for about $11,000, on notes secured by mortgage, all of which, and interest thereon, had…

2Cases cited1 opinion

  1. Williams v. WilliamsWisconsin Supreme Court · 1882

3Cited by5 opinions

  1. O'Connor v. DeckerWisconsin Supreme Court · 1897
  2. Boschulte v. SchoettgerNebraska Supreme Court · 1936
  3. In Re LefevreWashington Supreme Court · 1941
  4. LeFevre v. Fidelity & Deposit Co. of MarylandWashington Supreme Court · 1941
  5. In re the StateWisconsin Supreme Court · 1932

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