Mitchell v. Mitchell

The following opinion was filed January 10, 1939:

Fairchild, J.

A testator who disposes of his property as under this will does not devise real estate to his children when he provides that there shall be a conversion of his estate and that from the proceeds certain of his children shall receive specified amounts. Under such an arrangement an equitable conversion must occur before those children receive what the testator has left to them, and they do not take title 'to the real estate. Ottstadt v. Jardine (1938), 229 Wis. 85, 281 N. W. 644.

*465By the terms of the will, the real property never passed…