Cleaver v. Cleaver
Wisconsin Supreme Court
APPEAL from tlie Circuit Court' for Mibocmkee County. This case arises -upon an order of distribution, made by the county court of Milwaukee county, in the estate of William L. Clearer. The testator was twice married, and had three children by his first wife, and three by his second; the latter being the appellants in this case, and the former the respondents.
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APPEAL from tlie Circuit Court' for Mibocmkee County. This case arises -upon an order of distribution, made by the county court of Milwaukee county, in the estate of William L. Clearer. The testator was twice married, and had three children by his first wife, and three by his second; the latter being the appellants in this case, and the former the respondents. By his will, made after his second marriage, the testator, after giving specific legacies to each of his children by his first wife, gave and bequeathed all the residue of his estate, real and personal, to his second wife. The wife…
1Opinion of the Court
EyaN, O. J.
Tbe testator’s wife having died before him, there is no doubt that bis bequest to her lapsed (2 Eedfield on Wills, 284), unless it comes within sec. 29, cb. 97, E. S. And tbe sole question in tbis ease is, whether a wife is a relation of her husband within tbe meaning of tbe provision.
Eelation, in tbis use, is a very indefinite word, which has often perplexed courts. In a broad sense, there are relations by affinity as well as by consanguinity;” Jacobs’ Die., “Consanguinity;” 1 Black., 434. And in this sense, we should find it difficult to concur in the position that a wife is not…
2Cases cited3 opinions
- Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
- Jackman Will CaseWisconsin Supreme Court · 1870
3Cited by19 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- In Re Estate of HaeseWisconsin Supreme Court · 1977
- Sackman v. CampbellWashington Supreme Court · 1895
- Keniston v. AdamsSupreme Judicial Court of Maine · 1888
- In re Spier's EstateMichigan Supreme Court · 1923
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