Rust v. Evenson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse-county: E. 0. Higbee, Circuit Judge. This is a proceeding for tbe construction of tbe will of Ouden Evenson. It was commenced in tbe county court and tbe judgment rendered in tbat court was affirmed upon appeal by tbe circuit court. After making certain minor bequests tbe will in 'question contains tbe following provisions wbicb are claimed by tbe appellants (tbe residuary legatees) to be invalid: “VIII.
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Appeal from a judgment of tbe circuit court for La Crosse-county: E. 0. Higbee, Circuit Judge. This is a proceeding for tbe construction of tbe will of Ouden Evenson. It was commenced in tbe county court and tbe judgment rendered in tbat court was affirmed upon appeal by tbe circuit court. After making certain minor bequests tbe will in 'question contains tbe following provisions wbicb are claimed by tbe appellants (tbe residuary legatees) to be invalid: “VIII. I give, devise and bequeath to ‘Tbe Synod for tbe Norwegian Evangelical Lutheran Church in America’ tbe hereinafter named sums of…
1Opinion of the CourtWinslow, C. J.
Tbe trusts created by this will are trusts-in personal property alone, not in real estate, hence tbe statute of uses and trusts (sec. 2081, Stats.) has no application to them. McWilliams v. Gough, 116 Wis. 576, 93 N. W. 550, and cases cited. No reason is perceived why most if not all of tbe trusts contained in tbe will would not be valid as charitable trusts even if they were trusts in real estate-under tbe doctrines so fully set forth in tbe cases of Dodge v. Williams, 46 Wis. 70, 1 N. W. 92, 50 N. W. 1103; Harrington v. Pier, 105 Wis. 485, 82 N. W. 345; Becker v. Chester, 115 Wis. 90, 91 N.…
2Cases cited6 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Becker v. ChesterWisconsin Supreme Court · 1902
- Kavanaugh v. WattWisconsin Supreme Court · 1910
- McWilliams v. GoughWisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ward v. Bankers Life Co.Nebraska Supreme Court · 1916
- Larkin v. McCabeSupreme Court of Minnesota · 1941
- Salvation Army v. Appleton State BankWisconsin Supreme Court · 1946
- Rameker v. Peterson (In Re Associated Enterprises, Inc.)United States Bankruptcy Court, W.D. Wisconsin · 1999
- Tharp v. Seventh Day Adventist ChurchWisconsin Supreme Court · 1923