Legal Opinion

Korn v. Friz

Wisconsin Supreme Court

Decided May 8, 1906PublishedCited by 21 opinions

Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Henry Korn died March 18, 1904, leaving a will whereby, first, he directed payment of debts and expenses out of the personal property; gave to his widow the use and income of all real estate during her life, and directed the executor to pay her such income from the personal property as would provide for her comfort; and proceeded: “After the death of my said wife I dispose of my…

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Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Henry Korn died March 18, 1904, leaving a will whereby, first, he directed payment of debts and expenses out of the personal property; gave to his widow the use and income of all real estate during her life, and directed the executor to pay her such income from the personal property as would provide for her comfort; and proceeded: “After the death of my said wife I dispose of my property as follows, to wit: Third. I will, devise, and bequeath to my son William Korn my farm [description] upon the…

1Opinion of the CourtDodge, J.

The appellant does not contend against the condition of the limita that William shall die proposition that the gift over to grandchildren is so associated with the gift to the so a William that it evinces the intention of the testator not to g: ve an absolute fee to William unless the iion over to such grandchildren, namely, without issue, refers to such death during the lifetime of tin ¡ testator. Thip* however, he contends is- the true constructioi l, and invokes- the rule, long recognized, that such a phrase as i gift to one with limitation to others in ease of his death, or < leath…

2Cases cited5 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Benson v. . CorbinNew York Court of Appeals · 1895
  3. Patton v. LudingtonWisconsin Supreme Court · 1899
  4. Tyson v. RichardsonWisconsin Supreme Court · 1899
  5. Kronshage v. VarrellWisconsin Supreme Court · 1906

3Cited by21 opinions

  1. Brown v. BrownNew Mexico Supreme Court · 1949
  2. Grotenrath v. GrotenrathWisconsin Supreme Court · 1934
  3. Henderson v. GrayNorth Dakota Supreme Court · 1914
  4. Will of OwensWisconsin Supreme Court · 1916
  5. In Re Estate of PhearmanSupreme Court of Iowa · 1930

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