Zillmer v. Landguth

69 N.W. 568, 94 Wis. 607, 1896 Wisc. LEXIS 215

Opinion

Winslow, J.

Under 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.

By the Court.— Judgment affirmed.