Schneider v. Payne

It is the contention of the appellants that under sec. 237.01 of the Wisconsin Statutes the parties take per stirpes as follows: the five parties plaintiff dividing the one-third share of the parent whom they represent; the defendant Addie E. Smith, the one-third share of the parent she represents; the defendants Jessie L. Burke and Grace L. Payne, the one-third share of the parent they represent.

Sub. (3) and (4) of sec. 237.01 of the Statutes of 1929 read as follows:

“(3) If he shall leave no lawful issue nor widow nor father nor mother his estate shall descend in equal shares to his brothers…