Upham v. Plankinton
Wisconsin Supreme Court
Appeals from an order and a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. The order was in a special proceeding commenced under ch. 300, Laws of 1899, as amended by ch. 342, Laws of 1899, for authority to make a ninety-nine year lease of interests created in certain real estate by the will of John Plaukinton, deceased, the legal title being vested in testamentary trustees and there being beneficiaries in esse and others in possibility.
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Appeals from an order and a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. The order was in a special proceeding commenced under ch. 300, Laws of 1899, as amended by ch. 342, Laws of 1899, for authority to make a ninety-nine year lease of interests created in certain real estate by the will of John Plaukinton, deceased, the legal title being vested in testamentary trustees and there being beneficiaries in esse and others in possibility. The petition was made by the trustees. It was granted. The statute, in terms, authorized judicial permission, for any of the…
1Opinion of the CourtMaesi-iall, J.
Some principles which have been plainly and safely, it is thought, intrenched as a part of our unwritten law, may well be stated at the outset in writing this opinion. No discussion of them is deemed to be necessary. They have passed through that stage and become fixed in place as part of our system of unwritten rules which may be, confidently, turned to, under the guardianship of the fundamental law, to protect the inherent right of the living, reach*283ing beyond tbe termination of visible existence of tbe inheritor, to conserve tbe rights, whether vested or contingent, of those in esse and…
2Cases cited35 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Hale v. HaleIllinois Supreme Court · 1893
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Losey v. . StanleyNew York Court of Appeals · 1895
- Mead v. . MitchellNew York Court of Appeals · 1858
30 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- Estate of Ogg v. First National Bank of MadisonWisconsin Supreme Court · 1952
- Russell v. RussellSupreme Court of Connecticut · 1929
- Middlebury College v. Town of HancockSupreme Court of Vermont · 1947
- Mathiowetz v. StackWisconsin Supreme Court · 1935
34 more not listed; retrieve them via the Exa API.