Legal Opinion

Estate of Henry

Wisconsin Supreme Court

Decided March 16, 1886PublishedCited by 4 opinions

APPEAL from the Circuit Court for lowco County. The case is sufficiently stated in the opinion. This appeal was taken on behalf of the estate from the judgment of the circuit court. To the point that after accepting the provisions of the will in her favor, and entering upon their enjoyment, the widow could have no further provision for her support out of the estate, they cited Golder v. Littlejohn, 30 Wis. 344; Caulfield v. Sullivan, 2 Am. Prob.

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APPEAL from the Circuit Court for lowco County. The case is sufficiently stated in the opinion. This appeal was taken on behalf of the estate from the judgment of the circuit court. To the point that after accepting the provisions of the will in her favor, and entering upon their enjoyment, the widow could have no further provision for her support out of the estate, they cited Golder v. Littlejohn, 30 Wis. 344; Caulfield v. Sullivan, 2 Am. Prob. Rep. 43 and notes; Schouler on Executors, sec. 453.

1Opinion of the CourtOetoit, J.

This is a very simple and plain case of a petition by the widow for an allowance for her support, and for the support of her infant children, out of her deceased husband’s estate, pending its administration and settlement. The record is incumbered by a long and minute history of the management of the estate by the first executors, and then by the widow (who, by virtue of “the will making her the sole devisee for life, took possession of it with a view of continuing the banking and other business of "William T. Henry at the time of his death), and then finally by the present administrator de…

2Cases cited2 opinions

  1. Golder v. LittlejohnWisconsin Supreme Court · 1872
  2. Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1881

3Cited by4 opinions

  1. Aetna Insurance v. KleinTexas Supreme Court · 1959
  2. Aetna Insurance Co. v. KleinTexas Supreme Court · 1959
  3. Union National Bank of Oshkosh v. HicksWisconsin Supreme Court · 1886
  4. Aetna Insurance Co. v. KleinTexas Supreme Court · 1959

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