Makarewicz v. McEvoy

The sole question involved on this appeal is: When a decedent is survived only by a first cousin and by second cousins who are children of a first cousin who predeceased the decedent, does the first cousin inherit all of the decedent’s estate to the exclusion of the second cousins’ right to inherit the share their parent would have taken had he survived ?

Sec. 237.01, Stats., provides in part:

“When any person shall die seized of any lands, tenements, or hereditaments or any right thereto or entitled to any interest therein, in fee simple, not having lawfully devised the same, they shall…