Williamson v. Williamson
South Dakota Supreme Court
Appeal from Circuit Court, Bon Homme 'County. H'on. Robert B. Tripp, Judge. In the matter of the Estate of John Williamson, Deceased.
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Appeal from Circuit Court, Bon Homme 'County. H'on. Robert B. Tripp, Judge. In the matter of the Estate of John Williamson, Deceased. The County Court having rendered a decree distributing all of ■ said estate to the three brothers of decedent, William Williamson, James Williamson and Henry Williamson in the proposition of one-third to each; two of the children of Henry Williamson, to-wit: Charles H. Williamson and' Minnie Williamson Mulleague, having appealed therefrom' to the circuit court, which court reversed said decree in so far as same affected the claims of said appellants and…
1Opinion of the CourtPodren, J.
This is an appeal from a judgment construing the last will and testament of John Williamson, deceased. The clause in the will that is in question, which is the only disposing clause in the will, reads as follows:
“All of real and personal property I bequeath to my brothers and their families.”
Testator left surviving him three brothers, James, ’Henry, and William. James was a bachelor and had no family at all. Henry had a wife and four children. William had a wife and two children ; in all eleven persons. The sole and only question in dispute is: Is the estate to be divided into eleven equal…
2Cases cited21 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Paul v. BallTexas Supreme Court · 1868
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Scott's EstateSupreme Court of Pennsylvania · 1894
- Succession of AllenSupreme Court of Louisiana · 1896
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3Cited by1 opinion
- Ulman v. Estate of BockSouth Dakota Supreme Court · 1970