Kuener v. Prohl
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Milwaukee county: LaweeNoe W. Halsey, Circuit Judge. Charles Prohl, Sr., died December 9, 1895, leaving a last will executed July 24, 1895, which was duly admitted to probate, and contained this provision: “After my just debts and funeral expenses have been paid I give and bequeath unto my beloved son, Charles J. Prohl, all my household, consisting of beds, carpets, crockery, tables and everything known and classed as…
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Appeals from a judgment of tbe circuit court for Milwaukee county: LaweeNoe W. Halsey, Circuit Judge. Charles Prohl, Sr., died December 9, 1895, leaving a last will executed July 24, 1895, which was duly admitted to probate, and contained this provision: “After my just debts and funeral expenses have been paid I give and bequeath unto my beloved son, Charles J. Prohl, all my household, consisting of beds, carpets, crockery, tables and everything known and classed as household goods, and the sum of $1,000, and the rest of my real and personal property shall be divided amongst my two beloved…
1Opinion of the Court
Cassoday, C. .J.
1. It is contended on the part of the administrator de bonis non that Kuener’s claim is based upon the mere accommodation guaranty of the testator to answer-for the debt of another, and hence is not a debt, within the meaning of the clause of the will quoted. For the purposes of this appeal, we shall assume that it was a debt. The important question presented is whether it became a charge upon the homestead, or, in other words, upon the surplus arising upon the foreclosure sale of the homestead. The statute provides that:
“Wien the owner of any homestead shall die not having…
2Cases cited2 opinions
- Mackin v. MaddenWisconsin Supreme Court · 1899
- Pym v. PymWisconsin Supreme Court · 1903
3Cited by3 opinions
- Graunke v. GraunkeWisconsin Supreme Court · 1924
- Egan v. SellsWisconsin Supreme Court · 1930
- Mitchell v. MitchellWisconsin Supreme Court · 1939