Hopkins v. Holt
Wisconsin Supreme Court
APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was a suit in equity brought to foreclose a mortgage given by the defendants to the testator, Richard Lemon in his lifetime. The bill was in the usual form, and answered without oath, which admitted the making of the will, &c., also the making of the bond and mortgage, but denied that anything was due upon if.
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APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was a suit in equity brought to foreclose a mortgage given by the defendants to the testator, Richard Lemon in his lifetime. The bill was in the usual form, and answered without oath, which admitted the making of the will, &c., also the making of the bond and mortgage, but denied that anything was due upon if. That by virtue of the will of Richard Lemon the defendant Ann Holt, the child and heir at law of Lemon, was entitled to a share or portion of his real and personal estate; and that by the will this bond and mortgage was referred to and was an…
1Opinion of the Court
*230. By the Court,
Paine, J.
The decision of this case turns entirely on the question, whether (he indebtedness which this suit was brought to enforce the payment of, was included in that provision of the testator’s will in relation to advancements to his children. That provision is as follows : “And it is my will, as I have made some advances of money and other property to my son James, and to Nelson and Norton Emmons, the husbands of my daughters Matilda and Elizabeth, and to David Holt, husband of my daughter Ann, as will appear by notes of hand and my book accounts, I hold, of long or short…
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