McHugh v. McCole
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Calumet ■county: Geo. W. Bübnell, Circuit Judge. This action was brought by the heirs at law of one Owen McITugh, deceased, against Patrick McCole, executor of his last will and testament; S. Q. Messmer, as bishop of the Roman Catholic diocese of Green Bay; Bridget Carney/ John O'Bow'ke, and Frank McGrath, as trustees of the St. Augustine’s Roman Catholic Church of Chilton, Calumet county, Wisconsin; C. C. Grafton, as the…
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Appeals from a judgment of the circuit court for Calumet ■county: Geo. W. Bübnell, Circuit Judge. This action was brought by the heirs at law of one Owen McITugh, deceased, against Patrick McCole, executor of his last will and testament; S. Q. Messmer, as bishop of the Roman Catholic diocese of Green Bay; Bridget Carney/ John O'Bow'ke, and Frank McGrath, as trustees of the St. Augustine’s Roman Catholic Church of Chilton, Calumet county, Wisconsin; C. C. Grafton, as the Protestant Episcopal bishop of Fond du Lac, "Wisconsin; and the Catholic Orphan Asylum at Green Bay, Wisconsin, — to obtain…
1Opinion of the CourtPiNNEY, J.
The record does not disclose how much of the testator’s estate cqnsisted of realty, or how much of personal property. It may be fairly assumed from the seventh or residuary clause of the will, disposing of “ all the rest, residue, and remaider of the testator’s estate, real or personal,” to the Roman Catholic bishop of G-reen Bay, Wisconsin, “ to be by him used for the benefit and behoof of the Roman Catholic Church,” that the testator owned both real" and personal estate, and that it was understood that there might be a residue or remainder of either real or personal estate not required for…
2Cases cited14 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Read v. . WilliamsNew York Court of Appeals · 1891
- Power v. . CassidyNew York Court of Appeals · 1880
- Webster v. MorrisWisconsin Supreme Court · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Reid v. BarrySupreme Court of Florida · 1927
- Holmes v. WalterWisconsin Supreme Court · 1903
- In re Estate of SanfordSupreme Court of Iowa · 1919
- Estate of HamiltonCalifornia Supreme Court · 1919
15 more not listed; retrieve them via the Exa API.