Kelley v. Kelley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action to obtain construction of a will. The facts are sufficiently stated in the opinion. The defendants Joseph .Kelley and Fra/nk Kelley appeal from the order overruling their demurrer to the complaint. To the point that tbe plaintiff’s remedy was by ejectment, they cited Meade v. Black, 22 Wis. 240; Lee v. Simpson, 29 id. 333; Gray v. Tyler, 40 id. 579; Adams v. Beclcer, 8 N. Y.- Supp. 260.
1Opinion of the CourtCole, C. J.
This action is brought to obtain a construction of a clause in the will of Michael Kelley. The testator died in September, 1881. His will was admitted to probate, and the executors rendered their final account in April, 1883, which was allowed, and they were discharged from their trust. Michael Kelley, in the second clause of his will, gave and devised to his son John the eighty acres of land described, “ to have and to hold, possess and enjoy, so long as he shall occupy the same and pay the taxes thereon; but, in case my said son shall abandon the possession of said land, or neglect to pay…
2Cases cited6 opinions
- Deery v. McClintockWisconsin Supreme Court · 1872
- Gray v. TylerWisconsin Supreme Court · 1876
- Gunderson v. CookWisconsin Supreme Court · 1873
- Strœbe v. FehlWisconsin Supreme Court · 1867
- McMillen v. MasonWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frank v. FrankSupreme Court of Arkansas · 1908
- Avery v. Avery, Admx.Ohio Court of Appeals · 1958
- Blake v. ScottSupreme Court of Arkansas · 1909