Public-domain · open source
OpenJurist

94 Wis. 607

Zillmer v. Landguth

Wisconsin Supreme Court

Decided December 15, 1896

Wisconsin Supreme Court · decided 1896-12-15

H. Johnson, Circuit Judge. This is an action for the construction of a will. The facts were not in dispute. Andrew Landguth, a widower, died in Milwaukee, December 1, 1880, leaving two daughters as his sole heirs, Mary (the plaintiff) and Lizzie, aged, respectively, fourteen and twelve years, and his estate consisted of a homestead in Milwaukee.

Relies on Potter v. Couch · Van Horne v. . Campbell · Mandlebaum v. McDonell

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-12-15

How this case has been cited

Cited by 9 later decisions — most recently December 1990

9 state decisions

2018961900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Winslow, J.

¶1Under the will, before us, an estate in fee simple was devised to the two daughters in undivided'moieties, by apt and technical words, with a condition annexed to the effect that the devisees should not convey the same; •or, in other words, that all power of alienation should be absolutely suspended for a fixed period. We regard this •condition as void, because absolutely repugnant to the estate granted. It now seems well settled that, when a conveyance or devise is made in fee, a condition attémpted to be annexed thereto to the effect that the purchaser or dev-isee shall not for any period of time convey or alien the estate is void for repugnancy. Potter v. Couch, 141 U. S. 296; Mandelbaum v. McDonell, 29 Mich. 78; Allen v. Craft, 109 Ind. 476; Conger v. Lowe, 124 Ind. 368; Todd v. Sawyer, 147 Mass. 570; De Peyster v. Michael, 6 N. Y. 467; Van Horne v. Campbell, 100 N. Y. 287; Schouler, Wills, § 602. See, upon this subject generally, Saxton v. Webber, 83 Wis. 617; Van Osdell v. Champion, 89 Wis. 661. The daughter lizzie, therefore, took a fee-simple estate, and mould lawfully devise the same.

¶2By the Court.— Judgment affirmed.

/94/wis/607 · .json · Public domain