83 Wis. 617 | Wis. | 1892
The testator, William A. Webber, by his last will and testament, after disposing of his personal estate, devised all his real estcote to his wife, Mary TL, for and during her natural life, in trust to take care of and manage the same, and to receive the rents, issues, and profits thereof, and to pay and distribute the net income therefrom, as therein prescribed. The real estate so devised in trust consisted of two classes, — one of which was made up of three several pieces of land, therein specifically described; and the other class was made up of all the residue of his real estate, and not therein specifically described. By the third clause of the will, quoted in the foregoing statement, he devised, after the death of his said wife, all his real estate as follows, to wit: To his .daughter, Harriet A., “her heirs and assigns forever,” the three several pieces so specifically described, and an undivided one-sixth of the lands not so specifically described, subject,, however, to the conditions andlimitations therein named; the undivided one-sixth of the lands not so specifically described to each of his three sons Albert G., William F., and Wilkie A., and to their respective heirs and assigns forever; the undivided one-sixth of the lands not so specifically described to such person or persons as his said wife, Mary TL, might “ convey or devise the same to, his or their heirs and assigns forever; ” and the remaining undivided one-sixth of the lands not so
“ Estates in lands are divided into estates of inheritance, estates for life, estates for years, and estates at will and by sufferance.” Sec. 2025, R. S. It will be observed that the devise to Harriet A. is not in terms for life, nor for years, nor at will, nor by sufferance, but is to her, “ her heirs and
The question recurs, upon the assumption suggested, whether the devise itself is destroyed by reason of the annexation of such unlawful conditions. The statute provides that “ successive estates for life shall not be limited unless to persons in being at the creation thereof; and when a remainder shall be limited on more than two successive estates for life all the life estates subsequent to those of the two persons first entitled thereto shall be void, and upon the death of those persons the remainder shall take effect in the same manner as if no other life estate had been created. Sec. 2041, E. S. This section was borrowed from New York, where it has been held that it “ refers only to vested, not to contingent, remainders, and executes the remainders in possession only in favor of such ascertained persons as, except for the void life estate, would, under the will or deed, be entitled to the immediate possession.” Purdy v. Hayt,
By the Court.— The judgment of the circuit court is reversed, and the cause is remanded with directions to enter judgment in accordance with this opinion, and for further proceedings according to law.