Knox v. Knox
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Tatlob: “ This action was brought in the circuit court of Milwaukee county by the widow and executrix of the deceased, Thomas Knox, against the children of said deceased, to obtain a construction of the last will and testament of said deceased. The will was duly probated in the county court of said county, and letters testamentary were duly issued to the plaintiff.
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APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Tatlob: “ This action was brought in the circuit court of Milwaukee county by the widow and executrix of the deceased, Thomas Knox, against the children of said deceased, to obtain a construction of the last will and testament of said deceased. The will was duly probated in the county court of said county, and letters testamentary were duly issued to the plaintiff. The plaintiff in her complaint sets out the will of her husband at length, and claims that the proper construction of the same gives her the…
1Opinion of the CourtTatlob, J.
Tbe two important questions to be considered in tbe construction of tbe provisions of tbe will above quoted are: First, Has tbe testator in bis expressed request in said will clearly pointed out tbe persons whom be desired should be the recipients of bis bounty, and has be clearly defined the part of bis estate which be desired they should receive? and, second, Does tbe language used by him clearly show *178that he intended it to be obligatory upon his wife to whom he had devised all his property in fee, and not merely advisory? The learned counsel for the-respective parties have in their briefs…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Spooner v. LovejoyMassachusetts Supreme Judicial Court · 1871
- Sears v. CunninghamMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Byars v. ByarsTexas Supreme Court · 1944
- Swarthout v. SwarthoutWisconsin Supreme Court · 1901
- Keiser v. JensenIllinois Supreme Court · 1940
36 more not listed; retrieve them via the Exa API.