In re the Estate of Phelan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihoaulcee County. Thomas M. Knox, administrator with the will annexed of the estate of John Phelan deceased, filed a petition in the county court for Milwaukee co.unty, for license to sell the south one-third of Lot 11 in Block 27 in the city of Milwaukee with the appurtenances to pay the debts of the deceased, unless the family of the deceased were entitled to the same as a homestead ; alleging in the petition that about the year 1854 and…
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APPEAL from the Circuit Court for Mihoaulcee County. Thomas M. Knox, administrator with the will annexed of the estate of John Phelan deceased, filed a petition in the county court for Milwaukee co.unty, for license to sell the south one-third of Lot 11 in Block 27 in the city of Milwaukee with the appurtenances to pay the debts of the deceased, unless the family of the deceased were entitled to the same as a homestead ; alleging in the petition that about the year 1854 and for a long time previous thereto, the deceased occupied the premises as a homestead and that about that time and…
1Opinion of the Court
By the Court,
Paine, J.
It seems clear that the premises sought to be sold, were not the homestead of the deceased. He moved from them in 1854 and never resided on them after-wards, but rented them to several tenants. We do not intend to say that even previous to the law of 1858, a departure from the homestead for temporary purposes would have forfeited the *79exemption. A man might have desired to have been absent from his home for a season, traveling with his family at the east or even visiting the old world, and it might well be said that the right of exemption would still remain, and thus,…
2Cited by10 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- In Re LaubeUnited States Bankruptcy Court, W.D. Wisconsin · 1993
- Rumage v. GullbergWisconsin Supreme Court · 2000
- Schoffen v. LandauerWisconsin Supreme Court · 1884
- Kent v. LasleyWisconsin Supreme Court · 1880
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