Heiss v. Murphey
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dame County. The following statement of tbe nature of tbe action was originally included in tbe opinion of Mr. Justice Cole: “ This is a bill filed by tbe executor for tbe construction of tbe will, and for directions in regard to tbe execution of tbe trust created by it.
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APPEAL from tbe Circuit Court for Dame County. The following statement of tbe nature of tbe action was originally included in tbe opinion of Mr. Justice Cole: “ This is a bill filed by tbe executor for tbe construction of tbe will, and for directions in regard to tbe execution of tbe trust created by it. By bis will, tbe testator, after tbe payment of bis debts, ‘ gives and bequeaths to tbe Boman Oatbolie orphans of tbe diocese of La Crosse, state of Wisconsin, all bis real estate,’ describing it. He also gives all of his personal estate of every description for the same purpose. He then…
1Opinion of the CourtCole, J.
In the case of Ruth et al. v. Oberbrunner et al., decided at the present term, but in the decision of which 'the chief jrrstice, having been of counsel, took no part, it was held that ch. 84, R. S., abolished all rrses and trusts, including charitable uses and trusts, except such as were authorized by its provisions and constituted in the manner prescribed. This view would inevitably overthrow the devise and bequest in the will. But' our decision in this case will not be placed upon the ground that the will is void under the statute of uses and trusts; for we think, without reference to that…
2Cases cited4 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Fontain v. RavenelSupreme Court of the United States · 1855
- Beekman v. . BonsorNew York Court of Appeals · 1861
- White v. FiskSupreme Court of Connecticut · 1852
3Cited by24 opinions
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Harrington v. PierWisconsin Supreme Court · 1900
- Webster v. MorrisWisconsin Supreme Court · 1886
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- Gidley v. Lovenberg, AdministratorCourt of Appeals of Texas · 1904
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