Tharp v. Seventh Day Adventist Church
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sawyer county: James Wickham, Circuit Judge. Action begun in the circuit court tO' construe the will of Jackson Tharp, deceased, who died leaving a will containing among others the following provision: “I give, devise, and bequeath all of my property, real, personal, or mixed, of whatever kind and wherever situated, to J. M. Smith of Shell Lake, Wisconsin, as trustee and in trust for the following express purposes, to wit: . .…
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Appeal from a judgment of the circuit court for Sawyer county: James Wickham, Circuit Judge. Action begun in the circuit court tO' construe the will of Jackson Tharp, deceased, who died leaving a will containing among others the following provision: “I give, devise, and bequeath all of my property, real, personal, or mixed, of whatever kind and wherever situated, to J. M. Smith of Shell Lake, Wisconsin, as trustee and in trust for the following express purposes, to wit: . . . All the rest, residue, and remainder of my estate of every kind and nature to be held by my said trustee for the…
1Opinion of the Court
The following opinions were filed October 16, 1923:
Vinje, C. J.
No argument is made upon the incorrectness of the» findings, so they stand as verities in the case. The legal questions raised are (a) that the circuit court should not have taken jurisdiction of the case, and (b) that *111the circuit court erred in holding the trust to the Seventh Day Adventist Church void for uncertainty.
Counsel for appellants rely upon the rule stated in Pietraszwicz v. Pietraszwicz, 173 Wis. 523, 529, 181 N. W. 722, to the effect that, though the circuit court has concurrent jurisdiction with the county court, yet…
2Cases cited8 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Burnham v. NortonWisconsin Supreme Court · 1898
- Holmes v. WalterWisconsin Supreme Court · 1903
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Heiss v. MurpheyWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Estate of BletschWisconsin Supreme Court · 1964
- Estate of BriggsWisconsin Supreme Court · 1926
- Southard v. Wisconsin Congregational ConferenceWisconsin Supreme Court · 1932