Crowley v. Hicks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sawyer County. The case is stated in the opinion. The plaintiif appeals from a judgment in favor of the defendants. contended, inter alictt, that under the provisions of the will the land in question became personal property at the death of the testator; the courts are bound to consider it as subject to the laws of personal property; and the executors took it as executors and not as trustees.
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APPEAL from the Circuit Court for Sawyer County. The case is stated in the opinion. The plaintiif appeals from a judgment in favor of the defendants. contended, inter alictt, that under the provisions of the will the land in question became personal property at the death of the testator; the courts are bound to consider it as subject to the laws of personal property; and the executors took it as executors and not as trustees. Dodge v. Williams, 46 "Wis. 96; Webster v. Morris, 66 id. 370; Bogert v. Hertell, 4 Hill, 498; Arnold v. Gilbert, 5 Barb. 198. One executor may deal with the personal…
1Opinion of the CourtCole, C. J.
This is an action to enforce the specific performance of a contract for the sale of real estate, it being *541a part of the Webster estate. (See Webster v. Morris, 66 Wis. 366.) The written agreement was signed by two of the executors, but the third executor did not sign it, and refuses to carry out the contract by joining in the deed of conveyance. The question is, Will a court of equity, upon the admitted facts, compel a specific performance of the agreement? It seems to us clear that this question must be answered in the negative, unless the agreement is a valid one, or there are some…
2Cases cited5 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- Melms v. PfisterWisconsin Supreme Court · 1884
- Arnold v. GilbertNew York Supreme Court · 1849
- Wilder v. . RanneyNew York Court of Appeals · 1884
- Hay v. LewisWisconsin Supreme Court · 1876
3Cited by3 opinions
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
- Mannhardt v. Illinois Staats Zeitung Co.Appellate Court of Illinois · 1900
- Geiger v. BitzerOhio Supreme Court · 1909