Turner v. Scheiber
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ozaukee county: A. Scott SloaN, Circuit Judge. Action of ejectment tried by the court. The lands in-controversy are situated in Ozaukee county. The common source of title was William H. Cole, who died seised and possessed of the lands in controversy as his homestead, in August, 1864, leaving a will which was thereafter duly probated.
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Appeal from a judgment of tbe circuit court for Ozaukee county: A. Scott SloaN, Circuit Judge. Action of ejectment tried by the court. The lands in-controversy are situated in Ozaukee county. The common source of title was William H. Cole, who died seised and possessed of the lands in controversy as his homestead, in August, 1864, leaving a will which was thereafter duly probated. This will, in substance, gave and bequeathed to-Converse L. Dickerman (who was the husband of testator’s-daughter) in trust for the eldest male issue of said Dicker-man and wife, or, in default of male issue, their…
1Opinion of the Court
Winslow, <T.
The plaintiff’s first contention is that under the law as it existed at the time of Cole’s death in 1864 tbe homestead could not be devised so as to affect the widow’s right. This contention cannot be maintained. The homestead was a part of the husband’s real property, and could be treated by him as his own property, except as his rights of disposal were taken away by statute. The law bad not, in 1864, attempted to prevent the husband from devising bis homestead by will. On the contrary, ch. 270, Laws of 1864, which then governed tbe disposition of homesteads after the death of…
2Cases cited1 opinion
- Will of RootWisconsin Supreme Court · 1892
3Cited by8 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Mackin v. MaddenWisconsin Supreme Court · 1899
- Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
- Graunke v. GraunkeWisconsin Supreme Court · 1924
- Will of HoyaWisconsin Supreme Court · 1921
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