Sawtelle v. Witham
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. The action is for the construction of a provision of the will of Ward Witham, late of the city of Janesville, deceased. 'The paragraph of which construction, is asked is as follows: '“Fifth.
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Appeal from a judgment of the circuit court for Wauke-sha county: A. Scott Sloan, Circuit Judge. The action is for the construction of a provision of the will of Ward Witham, late of the city of Janesville, deceased. 'The paragraph of which construction, is asked is as follows: '“Fifth. I give, devise, and bequeath to my executors the •sum of five thousand dollars, in trust, nevertheless, for the following uses and purposes: . Said sum.is by my said executors to be invested in some good interest-bearing securities, and the net yearly income thereof shall be used and applied by my said…
1Opinion of the CourtHewmax, J.
1. Is the fifth paragraph of the will too indefinite and uncertain in its provisions as to who are to be its beneficiaries to create a valid trust for charitable uses? One of the essentials of a good bequest for a public charity is that there shall be some uncertainty as to who shall be its beneficiaries; for it is said that, if a gift is made for a public charitable purpose, “ it is immaterial that the trustee is uncertain, or incapable of taking, or that the objects of the charity are uncertain. Indeed, it is said that the vagueness, is in some respects, essential to a good gift for a…
2Cases cited7 opinions
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Streubel v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1860
- Gould v. Taylor Orphan AsylumWisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- McWilliams v. GoughWisconsin Supreme Court · 1903
- Hood v. DorerWisconsin Supreme Court · 1900
- Richtman v. WatsonWisconsin Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.