Holmes v. Walter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Citas. M. Webb, Circuit Judge. Action to construe the will of George Walter, deceased, which, so far as material to the question raised, is in the following language: “Eirst.
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Appeal from a judgment of the circuit court for Wood county: Citas. M. Webb, Circuit Judge. Action to construe the will of George Walter, deceased, which, so far as material to the question raised, is in the following language: “Eirst. After the payment of my just debts and funeral expenses, I give, devise and bequeath to my beloved wife Mary, in trust for herself and my children, all of my' estates, both real and personal with full power to continue my business if for the best interest of my estate. “Second. I hereby nominate and appoint my friend John J. Sherman the executor of this my last…
1Opinion of the CourtMarshall, J.
The claim is made by appellant’s counsel that no trust was attempted to be created by the will; that the purpose of the testator was to bestow all of his estate upon his wife with full power to do therewith as she might see fit. That idea is urged upon us with much earnestness, and rules for judicial construction are invoked to support it. As we view the will we cannot reach the point where judicial construction is permissible. There is a tendency to commence dealing with testamentary instruments at once and almost as a matter of course upon their coming within the reach of judicial…
2Cases cited19 opinions
- Roe v. . VingutNew York Court of Appeals · 1889
- Vernon v. . VernonNew York Court of Appeals · 1873
- Webster v. MorrisWisconsin Supreme Court · 1886
- Ward v. . WardNew York Court of Appeals · 1887
- Becker v. ChesterWisconsin Supreme Court · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Upham v. PlankintonWisconsin Supreme Court · 1913
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- First Wisconsin Trust Co. v. HamburgerWisconsin Supreme Court · 1924
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
25 more not listed; retrieve them via the Exa API.