Hughes v. Hughes
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Columbia county: R. G-. SiebecKer, Circuit Judge. On July 5, 1813, Stephen Madden, of Portage, made his will, containing the following provisions: “ 1. I give and bequeath to my beloved wife, 'Elisabeth Madden,lot No. 13, . . . of block No. 200 of the city of Portage, . . . the same being my homestead, excepting and .reserving therefrom a strip of land [therein described], to be used and enjoyed by her during the term of her…
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Appeals from a judgment of tbe circuit court for Columbia county: R. G-. SiebecKer, Circuit Judge. On July 5, 1813, Stephen Madden, of Portage, made his will, containing the following provisions: “ 1. I give and bequeath to my beloved wife, 'Elisabeth Madden,lot No. 13, . . . of block No. 200 of the city of Portage, . . . the same being my homestead, excepting and .reserving therefrom a strip of land [therein described], to be used and enjoyed by her during the term of her natural life; and from and, immediately after her decease I give and devise the same to my dear son, Charles Frederick…
1Opinion of the Court
Cassoday, O. J.
1. It is contended on behalf of the administrator and Mrs. Hughes, that the devises of the real estate by the first and second clauses of the original will, as modified by the codicil, are void for the reason that they suspended “the absolute power of alienation . . . fora longer period than during the continuance of two lives in being at the creation of the estate,” and hence are repugnant to the statutes in force at the time of the death of the testator. R. S. secs. 2038, 2039. Such contention is very clearly untenable. By the first clause of the original will, two separate…
2Cases cited5 opinions
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Burnham v. BurnhamWisconsin Supreme Court · 1891
- Saxton v. WebberWisconsin Supreme Court · 1892
- Estate of GoodrichWisconsin Supreme Court · 1875
3Cited by1 opinion
- Van Driele v. KotvisMichigan Supreme Court · 1903