Legal Opinion

Shuman v. Shuman

Wisconsin Supreme Court

Decided October 25, 1892PublishedCited by 20 opinions

APPEAL from tbe Circuit' Court for Book County. In April, 1888, Lelia M. Shuman died intestate, leaving surviving her the appellant, Alexander Shuman, her husband, and Frances M. and Sarah M. Shuman, her children and only heirs at law. The intestate died seised of certain real estate in Rock county.

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APPEAL from tbe Circuit' Court for Book County. In April, 1888, Lelia M. Shuman died intestate, leaving surviving her the appellant, Alexander Shuman, her husband, and Frances M. and Sarah M. Shuman, her children and only heirs at law. The intestate died seised of certain real estate in Rock county. Her estate was administered in the Rock county court, and such real estate was assigned to her said children by the court, but subject to the right of her husband, Alexander Shuman, as tenant thereof by the curtesy during his life. An appeal was duly taken to the circuit court from the order or…

1Opinion of the CourtLyon, C. J.

Sec. 2180, R. S., is as follows: “ The bus-band on the death of his wife shall hold the lands of which she died seised, and which were not disposed of by her last will and testament, for bis life, as tenant thereof by the curtesy: provided, that if the wife, at her death, shall leave issue by any former husband, to whom the estate might descend, such issue shall take the same, discharged from the right of the surviving husband to hold the same as tenant by the curtesy.” Hence, if Frances M. Shuman is the issue of the marriage of Andrew Ingle and Lelia M. Ingle, afterwards Shuman (as the…

2Cases cited2 opinions

  1. Mink v. StateWisconsin Supreme Court · 1884
  2. Watts v. OwensWisconsin Supreme Court · 1885

3Cited by20 opinions

  1. Chatham v. MillsCalifornia Supreme Court · 1902
  2. Dazey v. DazeyCalifornia Court of Appeal · 1942
  3. In Re Estate of WalkerCalifornia Supreme Court · 1917
  4. Yanoff v. YanoffMichigan Supreme Court · 1927
  5. Westfall v. WestfallOregon Supreme Court · 1921

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