In re Albiston's Estate
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeceeb, Circuit Judge. This is, an appeal from a judgment construing a will. Thomas Albiston, a resident of Columbia county, Wisconsin, died in August, 1890, possessed of considerable real and personal property of various descriptions, and leaving a will, which was afterwards duly probated, the material parts of which are as follows: “First.
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Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeceeb, Circuit Judge. This is, an appeal from a judgment construing a will. Thomas Albiston, a resident of Columbia county, Wisconsin, died in August, 1890, possessed of considerable real and personal property of various descriptions, and leaving a will, which was afterwards duly probated, the material parts of which are as follows: “First. After payment of my just debts, if any, and funeral expenses, I give, devise and bequeath to my beloved tvife, Matilda Albiston, all my property and estate of every kind and…
1Opinion of the Court
The following opinion was filed March 21, 1903:
WiNsnow, J.
The question presented is simply one of construction of a will. While adjudicated cases are sometimes helpful upon such a question, still the guiding principle must always be to ascertain and enforce the intent of the testator as gathered from the particular will to be construed. It is plain from the terms of the will before us that it must be treated as bequeathing personal property. While there are no words directly authorizing the executors to sell real estate, the directions of the will cannot be carried out except upon the basis…
2Cases cited7 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Scott v. WestWisconsin Supreme Court · 1885
- Becker v. ChesterWisconsin Supreme Court · 1902
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Shafer v. TeresoSupreme Court of Iowa · 1907
- Birdsall v. BirdsallSupreme Court of Iowa · 1912
10 more not listed; retrieve them via the Exa API.