Legal Opinion

Scruton v. Wiger

Wisconsin Supreme Court

Decided April 6, 1920Published

Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge.' Construction of will. Robert Baird died testate on the 11th day of October, 1890. His will was probated. By its terms it provided in clause 2 : “I give and devise to my wife, Elizabeth, so long as she shall remain my widow, the west half of the northwest quarter of.-section two (2), town twenty-six (26), range eighteen (18), Pierce county, Wisconsin. “3d.

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Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge.' Construction of will. Robert Baird died testate on the 11th day of October, 1890. His will was probated. By its terms it provided in clause 2 : “I give and devise to my wife, Elizabeth, so long as she shall remain my widow, the west half of the northwest quarter of.-section two (2), town twenty-six (26), range eighteen (18), Pierce county, Wisconsin. “3d. All the rest and residue of my real estate I give and devise to my daughters Annie, Agnes, and Margaret, and my grandson, R. J. Dale, share and…

1Opinion of the CourtRosenberry, J.

The respondents rely mainly on Will of Weymouth, 165 Wis. 455, 161 N. W. 373; Will of Brooks, 167 Wis. 75, 166 N. W. 775; Rissman v. Wierth, 220 Ill. 181, 77 N. E. 108; Verrinder v. Winter, 98 Wis. 287, 73 N. W. 1007; Polebitzke v. John Week L. Co. 157 Wis. 377, 147 N. W. 703; Dicke v. Wagner, 95 Wis. 260, 70 N. W. 159; Horner v. C., M. & St. P. R. Co. 38 Wis. 165; Wanner v. Wanner, 115 Wis. 196, 91 N. W. 671; Western L. & C. Co. v. Copper River L. Co. 138 Wis. 404, 120 N. W. 277, to sustain the judgment of the trial court, the theory of the respondents being that the words “I give and devise…

2Cases cited27 opinions

  1. Giles v. LittleSupreme Court of the United States · 1881
  2. Roberts v. LewisSupreme Court of the United States · 1894
  3. Becker v. RothCourt of Appeals of Kentucky · 1909
  4. Little v. GilesNebraska Supreme Court · 1889
  5. Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875

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