Legal Opinion

Will of Olson v. Olson

Wisconsin Supreme Court

Decided April 24, 1917PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Dunn county: Geoege Thompson, Circuit Judge. Action to construe the will of Erick Olson, begun in the county court of Dunn county and appealed to the circuit court for said county. The parts of the will upon which a construction is prayed for are as follows: “1. ...

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Appeal from a judgment of the circuit court for Dunn county: Geoege Thompson, Circuit Judge. Action to construe the will of Erick Olson, begun in the county court of Dunn county and appealed to the circuit court for said county. The parts of the will upon which a construction is prayed for are as follows: “1. ... I give and bequeath to my beloved wife, Mary Olson, all my property both real and personal property, with full power and control of the same. 2. After the death of my said, wife it is my wish that wliat remains of the property shall be divided equally between my three sons, Carl…

1Opinion of the CourtVinje, J.

Appellants urge that the widow took a fee, and that upon her death, intestate, the property descended to her heirs; that the second paragraph of the will- is too vague to change to a mere life estate the definite language of the first paragraph which devises a fee, and that the conditions attached, to the effect that the sons should assist the mother in the management of the farm, render the whole paragraph void because no one can tell whether they have been performed. The first contention was negatived by this *411court in Knox v. Knox, 59 Wis. 172, 18 N. W. 155. There the will read: “I give,…

2Cases cited12 opinions

  1. Knox v. KnoxWisconsin Supreme Court · 1884
  2. Swarthout v. SwarthoutWisconsin Supreme Court · 1901
  3. Jones v. JonesWisconsin Supreme Court · 1886
  4. Perkinson v. ClarkeWisconsin Supreme Court · 1908
  5. Hovely v. HerrickWisconsin Supreme Court · 1913

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Berry v. KuhlCourt of Appeals for the Seventh Circuit · 1949
  2. Schroeter v. ReimersWisconsin Supreme Court · 1943
  3. Salvation Army v. Appleton State BankWisconsin Supreme Court · 1946
  4. Will of Platt v. Bank of BarabooWisconsin Supreme Court · 1931
  5. Will of SmithWisconsin Supreme Court · 1922

8 more not listed; retrieve them via the Exa API.

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