Wilber v. Wilber
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. This action was commenced August 30, 1879, by Mary E. 'Wil'ber, widow of Asahel H. Wilber, to recover from the heirs-at-law of her deceased husband and the devisees named in his will, her dower interest in certain lands, of which her said husband was seized at his death.
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APPEAL from the Circuit Court for Trempealeau County. This action was commenced August 30, 1879, by Mary E. 'Wil'ber, widow of Asahel H. Wilber, to recover from the heirs-at-law of her deceased husband and the devisees named in his will, her dower interest in certain lands, of which her said husband was seized at his death. The will was executed May 9, 1878, and a codicil thereto was dated August 28,1878. Asahel H. died September 1, 1878, and on November 4, 1878, the will and codicil were admitted to probate. The complaint alleges that on the 5th of August, 1879, plaintiff applied to the…
1Opinion of the CourtCassoday, J.
The county court has power to assign dower to a widow only in cases where her right thereto “is not disputed by the heirs or devisees, or any person claiming under them or either of them.” Section 3869, R. S.; section 8, ch. 89, R. S. 1858. Here the plaintiff’s right was disputed, and hence she was forced to proceed in the circuit court. The action is at law,'to recover the homestead and her dower interest in the other lands. The defense is her deed of release to her husband, executed and delivered during coverture, as a bar to the action. The widow of every deceased person is entitled to…
2Cases cited4 opinions
- Marvin v. . SmithNew York Court of Appeals · 1871
- Zægel v. KusterWisconsin Supreme Court · 1881
- McKee v. ReynoldsSupreme Court of Iowa · 1869
- Bennett v. HarmsWisconsin Supreme Court · 1881
3Cited by9 opinions
- Leach v. LeachWisconsin Supreme Court · 1886
- Munger v. PerkinsWisconsin Supreme Court · 1885
- Share v. TrickleWisconsin Supreme Court · 1924
- Madison Bank & Trust Co. v. BeatWisconsin Supreme Court · 1964
- Hardy v. ScalesWisconsin Supreme Court · 1882
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