O'Hearn v. O'Hearn
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Green Lake county: Gbobgke W. BubNell, Circuit Judge. Action for partition. All parties ■ claim title from a common ancestor, Patrick O’Hearn. In 1810 tbe latter made a will bequeathing all bis personal property to bis wife, Elle-nor, during ber life, and at ber death one half was to go to her son, tbe defendant Patrick O’Uearn.
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Appeal from an order of tbe circuit court for Green Lake county: Gbobgke W. BubNell, Circuit Judge. Action for partition. All parties ■ claim title from a common ancestor, Patrick O’Hearn. In 1810 tbe latter made a will bequeathing all bis personal property to bis wife, Elle-nor, during ber life, and at ber death one half was to go to her son, tbe defendant Patrick O’Uearn. He also devised all bis real estate to bis wife for life, describing it, and upon ]ier death one half of the same was devised to defendant Patrick. No mention was made of other children, and no disposition of the other…
1Opinion of the CourtBabdeew, J.
1. The answer ip abatement was properly overruled. The only matter in dispute was as to the interest each was entitled to from the common ancestor. The answer admitted that the other claimants had an interest in the land. The only issue presented was as to the size of these interests. We see no reason why the controversy may not be determined in this action. See Morgan v. Mueller, 107 Wis. 241, 83 N. W. 313. The case is clearly distinguishable from *431Deery v. McClintock, 31 Wis. 195. In that case the defendant McClintock set up a paramount title to the lands sought to he partitioned, and the…
2Cases cited6 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Sherwood v. SherwoodWisconsin Supreme Court · 1878
- Deery v. McClintockWisconsin Supreme Court · 1872
- Morgan v. MuellerWisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bond v. MooreIllinois Supreme Court · 1908
- Calloway v. CallowayCourt of Appeals of Kentucky · 1916
- Blatt v. BlattSupreme Court of Colorado · 1926
- Estate of GrayWisconsin Supreme Court · 1953
- Hanley v. KraftczykWisconsin Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.