ESTATE OF DUSTERHOFT


270 Wis. 5 (1955)

ESTATE OF DUSTERHOFT: THURWACHTER, Administrator, and another, Appellants, vs. CITY OF WAUKESHA, Claimant, Respondent.

Supreme Court of Wisconsin.

May 3, 1955.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Austin J. Baird, guardian ad litem, and Raleigh H. Thurwachter, both of Waukesha.

For the respondent there was a brief and oral argument by William G. Callow, city attorney, and George E. Lawler, special counsel.


FAIRCHILD, C. J.

The doctrine of equitable conversion by will contended for by appellant cannot be sustained in this case for lack of definiteness of intent of the testator indicating that the real estate was converted into personalty at the time of her death. In Ford v. Ford, 70 Wis. 19, 48, 33 N. W. 188, some of principles and facts upon which the doctrine of equitable conversion are based have been set out from two New York cases:

"`To constitute...

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