Polzen v. Polzen
Wisconsin Supreme Court
Appeal from a judgment of the county court of Waukesha county: David W. AgNEw, Judge. Partition of homestead. Plaintiff and defendant are two of the heirs of Joseph Pol-zen, who died testate January 30, 1911, and left surviving his wife, Hedwich Polzen, three sons, and two daughters hereinafter named.
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Appeal from a judgment of the county court of Waukesha county: David W. AgNEw, Judge. Partition of homestead. Plaintiff and defendant are two of the heirs of Joseph Pol-zen, who died testate January 30, 1911, and left surviving his wife, Hedwich Polzen, three sons, and two daughters hereinafter named. His will was duly admitted to probate and the part thereof material upon this appeal is as follows: “Unto my beloved wife Hedwich Polzen, all of my estate, bhth real and personal, to have and to hold for her maintenance and support during the term of her natural life.” “At the death of my said…
1Opinion of the Court
Tbe following opinion was filed June 13, 1916:
EoseNbebby, J.
Tbe defendant claims that because tbe widow, Hedwich Polzen, took a life estate in tbe homestead, tbe real estate in the bands of tbe remaindermen is subject to tbe payment of ber judgment. Tbe basis of this claim is not clear. It seems to be based upon tbe idea that, because tbe life estate descended to Hedwich Polzen free and clear of all judgments and claims under tbe statute, tbe homestead statute became thereby exhausted and did not protect that part of tbe estate which passed to tbe remaindermen under tbe will. We will not…
2Cases cited1 opinion
- Foote v. FooteWisconsin Supreme Court · 1914