Dodge v. Williams
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. On or about the 1st of July, 1873, Rufus Dodge died, testate, in the city of Beaver Dam in this state, being a resident of said city.
Read the full summary
APPEAL from the Circuit Court for Dodge County. On or about the 1st of July, 1873, Rufus Dodge died, testate, in the city of Beaver Dam in this state, being a resident of said city. Ilis will, after certain bequests not important here, devised and bequeathed all the residue of his estate, real and personal, to G-eoi’ge H. Stewart, John J. Williams and A. Scott Sloan, “ to have and to hold the same to them, and the survivor of them, and the executor, administrator, and assigns of said survivor,” in trust for certain purposes, which are thus defined: “ To hold, manage, invest and improve the…
1Opinion of the Court
The following opinion was filed January 14, 1879:
Etas, C. J.
“Every sane man .must he allowed to make his own contract as well as his own will,” says Gibson, C. J. That great jurist plainly suggests that courts have no more authority to make wills for the dead, than contracts for the living, according to judicial notions of fitness and propriety. Bash v. Bash, 9 Pa. St., 260. Breaking a will is very much like making one; imposing upon the testator the statutes of descent and distribution against his solemn wish in dying. Perhaps courts have been quite too willing to do so. There is a vicious…
2Cases cited10 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
- Phelps' v. . PondNew York Court of Appeals · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Harrington v. PierWisconsin Supreme Court · 1900
82 more not listed; retrieve them via the Exa API.