McCracken v. Rogers
Wisconsin Supreme Court
appeal PROM Milwaukee circuit court. Lavinia Scott died intestate, leavingnon-ancestralpropertyin tbe state of Wisconsin, to-wit: in the county of Milwaukee, where letters of administration have since heen granted, but leaving no children nor other lineal descendants, no husband and no parents, nor other heirs in the direct ascending line, and no brolher or sister, nor brother’s or sister’s issue, but leaving three uncles and one aunt of the whole blood, on the father’s side…
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appeal PROM Milwaukee circuit court. Lavinia Scott died intestate, leavingnon-ancestralpropertyin tbe state of Wisconsin, to-wit: in the county of Milwaukee, where letters of administration have since heen granted, but leaving no children nor other lineal descendants, no husband and no parents, nor other heirs in the direct ascending line, and no brolher or sister, nor brother’s or sister’s issue, but leaving three uncles and one aunt of the whole blood, on the father’s side ; also one brother and one sister oí the half blood, on the mother’s side, to-wit; Orlando Hubbard, the brother, and…
1Opinion of the Court
By the Qoivrt,
Conn, X
We intimated to counsel upon the argument of this case, that in our judgment our statute of descent gave the property of the decedent to the brothers and sisters of the half blood on the mother’s side, equally wish the brothers and sisters of the whole blood on the father’s side. The 5th subd. of section 1, chap. 63 R. S. provides that “if the “intestate shall leave no issue nor widow, and no father, “ mother, brother, nor sister, his estate shall descend to his next “of kin in equal degree; excepting,” &c. The 4th section provides that “the degrees of kindred shall be…
2Cited by2 opinions
- Stein v. MeyerWisconsin Supreme Court · 1931
- Bailey v. RossNew Jersey Court of Chancery · 1880