State v. Seely

The sole issue on this appeal is whether an incapacitated, incompetent, adult son of a member of the state’s Home for Veterans is a “legal dependent” within the meaning of sec. 45.37 (3) (a), Stats., quoted in the majority opinion. If he is, then he is entitled to take under the will of the deceased, but, if not, then the estate is forfeited to the state for the benefit of its Home for Veterans.

At common law it was generally held that there was no duty upon a parent to support an incapacitated or incompetent adult child, and, therefore, such an adult child- could not be deemed to be a legal…