Davis v. Estate of Davis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Polk county: EeANK A. Ross, Circuit Judge. Action for the assignment of .dower and for widow’s allowance under the law. Levi Davis, a resident of Polk county, Wisconsin, died testate on September 8, 1914. Letters testamentary were issued to Harris, the executor therein.
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Appeal from a judgment of the circuit court for Polk county: EeANK A. Ross, Circuit Judge. Action for the assignment of .dower and for widow’s allowance under the law. Levi Davis, a resident of Polk county, Wisconsin, died testate on September 8, 1914. Letters testamentary were issued to Harris, the executor therein. The respondent, claiming to be the widow of the deceased, filed in the county court her election to take the provisions made for her by law and petitioned that her dower be assigned to her. The county court found as facts: “That on the 19th day of March, 1871, the .decedent, Levi…
1Opinion of the CourtViNJE, J.
Sec. 13, art. XIV, of our constitution provides that
“Such parts of the common law as are now in force in the^ territory of Wisconsin, not inconsistent with this constitution, shall be and continue part of the law of the state until altered or suspended by the legislature.”
This constitutional provision is invoked by appellants to sustain the contentions that ch. 34 of 13 Edw. I., enacted in 1285 and called the Statute of Westminster 2, is in force in Wisconsin. The statute reads:
“And if a wife willingly leave her husband, and go away, and continue with her advouterer, she shall be barred for…
2Cases cited4 opinions
- Huber v. MerkelWisconsin Supreme Court · 1903
- Pfingsten v. PfingstenWisconsin Supreme Court · 1916
- Schiffer v. . PrudenNew York Court of Appeals · 1876
- Daniels v. TaylorCourt of Appeals for the Eighth Circuit · 1906
3Cited by4 opinions
- Wax v. WilsonDistrict Court of Appeal of Florida · 1958
- Lloyd-McAlpine Logging Co. v. Industrial CommissionWisconsin Supreme Court · 1926
- State Department of Public Welfare v. ShirleyWisconsin Supreme Court · 1943
- Wait v. PierceWisconsin Supreme Court · 1926