Church v. McLaren
Wisconsin Supreme Court
APPEAL from the Circuit Court for MiboauJcee County. Robert Gunyon and Fanny G-unyon, his wife, were childless, and much advanced in years. The former made his will February 10, 1892, without making any provision whatever by it in favor of his wife, and died four days thereafter.
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APPEAL from the Circuit Court for MiboauJcee County. Robert Gunyon and Fanny G-unyon, his wife, were childless, and much advanced in years. The former made his will February 10, 1892, without making any provision whatever by it in favor of his wife, and died four days thereafter. The latter also made her will, and on the 25th of the same month, and after the death of her husband, she sealed and acknowledged her election,’ “ in case of the allowance of any will or codicil of my late husband, Robert Gunyon, to take the provision made by law, instead of the provision made by will or codicil,”…
1Opinion of the CourtPinhbt, J.
The statute (sec. 2170) provides, in substance,, that if a jointure or pecuniary provision be made for the wife “ she shall make her election after the death of her husband whether she will take such jointure or pecuniary provision, or the share of his estate ” thereinafter provided by sec. 2172; and sec. 2171 provides that if any lands be devised to a woman, or other provision be made for her in the will of her husband, she shall make her election “ whether she will take the lands so devised or the provision so made, or whether she will claim the share of his estate provided in sec. 2172;…
2Cases cited2 opinions
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Welch v. AndersonSupreme Court of Missouri · 1859
3Cited by12 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Harding's Admr. v. Harding's Exr.Court of Appeals of Kentucky · 1910
- Findorff v. FindorffWisconsin Supreme Court · 1958
- In re the Estate of CoffinNew York Surrogate's Court · 1934
- Gaster v. Estate of GasterNebraska Supreme Court · 1912
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