Rust v. Evenson (In re Evenson's Will)
| Decision Date | 07 December 1915 |
| Citation | 161 Wis. 627,155 N.W. 145 |
| Parties | IN RE EVENSON'S WILL. RUST ET AL. v. EVENSON. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, La Crosse County; E. C. Higbee, Judge.
In the matter of the will of Ouden Evenson, deceased, in which Lucy E. Rust and others are plaintiffs and William E. Evenson, administrator, is defendant. From a judgment declaring valid bequests of the deceased attacked by plaintiffs, the plaintiffs appeal. Affirmed.
This is a proceeding for the construction of the will of Ouden Evenson. It was commenced in the county court, and the judgment rendered in that court was affirmed upon appeal by the circuit court. After making certain minor bequests the will in question contains the following provisions, which are claimed by the appellants (the residuary legatees) to be invalid:
VIII. I give, devise and bequeath to “The Synod for the Norwegian Evangelical Lutheran Church in America” the hereinafter named sums of money, which shall constitute so many legacies as the institutions belonging to and owned and conducted by said synod hereinafter named and described, and indicated in order by the letters A, B, C, D, E, and F under this eighth provision of my will. Said legacies shall bear my name and the name of my deceased wife, Randine Evenson, and be used and applied for the purposes and in the manner hereinafter stated, to wit:
A. Three thousand dollars ($3,000.00) to the church extension fund of said synod, said sum of money to be lent to congregations for a term of six years provided so long a time is asked for, and for each and every loan the best security must be demanded and obtained.
B. One thousand dollars ($1,000.00) to the Home for the Old People erected and conducted by said synod near Stoughton, Dane Co., Wisconsin. The interest of said money to be used for the support of said home.
C. One thousand dollars ($1,000.00) to the Martin Luther Orphans' Home, owned and supported by said synod, and situate near Stoughton, Dane Co., Wisconsin. The interest of said money to be used for the support of said home.
D. One thousand dollars ($1,000.00) to the Mission for Seamen in such parts as said synod shall select. The interest of such money to be used for the support of said mission.
E. Two thousand dollars ($2,000.00) to the Norwegian Luther College of Decorah, Iowa, owned and supported by said synod, and incorporated under the laws of the state of Iowa, the members of said corporation being the same as the members of said synod. The interest of said money shall annually be used for the aid and support of one or more worthy farmers' sons studying at said college, providing they shall be in need of such aid and support. Preference in awarding the annual interest of said money shall be shown farmers' sons from the eastern district of said synod.
F. Two thousand dollars ($2,000.00) to the Luther Seminary in Hamline, St. Paul, Minnesota, owned and supported by said synod. The interest of said money shall annually be used for the aid and support of one or more worthy farmers' sons studying at said seminary, provided they shall be in need of such aid and support. Preference in awarding the annual interest of said money shall be shown farmers' sons from the eastern district of said synod.
IX. I give, devise and bequeath to the hereinafter named institutions having separate incorporations, but created and conducted in the interest of and under the auspices of the Synod for the Norwegian Evangelical Lutheran Church in America, the following sums of money, to-wit:
To Gale College situate in Galesville, county of Trempealeau, and state of Wisconsin, two thousand dollars ($2,000.00) the annual interest of which money shall be used for the aid and support of one or more worthy farmers' sons, who shall be in need of such aid and support, and who shall be members of congregations belonging to the eastern district of aforesaid synod.
To H. A. Preus Academy situate in Albion, county of Dane, and state of Wisconsin, two thousand dollars ($2,000.00) the annual interest of which money shall be used and applied for the same purpose and in the same manner as mentioned above under Gale College. These two above mentioned bequests shall constitute so many legacies bearing my name and the name of my deceased wife, Randine Evenson.
In case, however, said institutions, Gale College and H. A. Preus Academy, or any or either of them shall cease to be...
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Larkin v. McCabe, 32881.
... ... In re Trust Under Will of Holden, 207 Minn. 211, 291 N.W. 104 ... The absence ... Rust v. Evenson, 161 Wis. 627, 155 N.W. 145; Restatement, Trusts, § 70. In ... ...
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In re Associated Enterprises, Inc.
...in its descriptions that "a court can deal with it in the exercise of its judicial functions and enforce it." In re Evenson's Will, 161 Wis. 627, 155 N.W. 145 (1915); see also Holmes v. Walter, 118 Wis. 409, 95 N.W. 380 (1903); McHugh v. McCole, 97 Wis. 166, 72 N.W. 631 The failure of the d......
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Tharp v. Smith
...intention of the testator in this regard in this will than as to some, at least, of the provisions in the trust upheld in Rust v. Evenson, 161 Wis. 627, 155 N. W. 145, or in Giblin v. Giblin, 173 Wis. 632, 182 N. W. 357, or in Hood v. Dorer, 107 Wis. 149, 153, 82 N. W. 546; it being always ......
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Army v. Appleton State Bank (In re Rowell's Estate)
...selected or appointed to be the particular beneficiaries of the trust for the time being.’ See also in this connection, Rust v. Evenson, 161 Wis. 627, 155 N.W. 145; In re Will of Kavanaugh, supra. We think the clause satisfies the foregoing definitions unless the words ‘it is my wish’ are t......