Farnsworth v. Cole
Wisconsin Supreme Court
APPEAL from the Circuit Court for Foñd du Lao County. Beuben Farnsworth died intestate, leaving a widow and four children. At the time of his death he was the owner of certain real property, in which the dower of his widow has not been assigned. The estate is in process of settlement, and is solvent.
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APPEAL from the Circuit Court for Foñd du Lao County. Beuben Farnsworth died intestate, leaving a widow and four children. At the time of his death he was the owner of certain real property, in which the dower of his widow has not been assigned. The estate is in process of settlement, and is solvent. The administrator, the defendant herein, received certain rents of such real property accruing since the death of the intestate, and rendered his account thereof to the county court. The plaintiff, who is the widow of the intestate, claimed one-third of such rents by virtue of her dower right in…
1Opinion of the CourtLyost, J.
Tbe circumstance that Mrs. Farnsworth receives an allowance out of tbe personal estate of her deceased bus-band pending administration, does not destroy or impair rights accruing to her by virtue of her right of dower in tbe real estate of which be died seized. A dower interest is a continuation of tbe estate of tbe husband, and is held of him by appointment of law. Conant v. Little, 1 Pick., 189; Baker v. Baker, 4 Me., 67. Hence, although certain proceedings may be necessary to ascertain and fix tbe extent or amount of the interest, when that is done, tbe interest must necessarily vest, by…
2Cases cited1 opinion
- Howe v. McGivernWisconsin Supreme Court · 1870
3Cited by4 opinions
- Buth v. DavisWisconsin Supreme Court · 1921
- Ullrich v. UllrichWisconsin Supreme Court · 1904
- Russell v. MintonNew Jersey Court of Chancery · 1886
- Pollock v. Columbia BankWisconsin Supreme Court · 1927