In re Cowley's Will
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeckee, Circuit Judge. The testator, Thomas Cowley, at the date of making the will in question, to wit: June 15, 1868, was a farmer owning and living upon a farm of 120 acres of land, with little personal property.
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Appeal from a judgment of the circuit court for Columbia county: R. G. Siebeckee, Circuit Judge. The testator, Thomas Cowley, at the date of making the will in question, to wit: June 15, 1868, was a farmer owning and living upon a farm of 120 acres of land, with little personal property. He then had a tyife and eight adult children, most, if not all, of whom were married and not resident with the parents, except the eldest daughter, Maria Jobbins, a widow with children, who did reside with, and care for them. The will was made in anticipation of his then imminent death, which occurred July 8,…
1Opinion of the CourtDodge, J.
The point of contention in this case is the meaning of “my lawful heirs.” The respondents contend, and the trial court found, that the testator meant those persons who at his death were by law entitled to inherit his intestate real estate, to wit, his eight children. The appellants insist that he meant those persons who would by law have been entitled to inherit said realty, had testator died at the time of the termination of the two life estates, or on August 1Y, 1900, the day of the death of Maria Jobbins. The words themselves are not ambiguous, but-have a well-ascertained and definite…
2Cases cited16 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- In re Moran's WillWisconsin Supreme Court · 1903
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Patton v. LudingtonWisconsin Supreme Court · 1899
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3Cited by7 opinions
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- Williams v. ParsonsWisconsin Supreme Court · 1920
- Will of JohnsonWisconsin Supreme Court · 1929
- Schroeter v. ReimersWisconsin Supreme Court · 1943
- Will of Bray v. CrawfordWisconsin Supreme Court · 1951
2 more not listed; retrieve them via the Exa API.