Will of Root
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Truman A. Root, late of Fond du Lac county, died seised of -a farm in that county, of a parcel of land in the city of Fond du Lac, on which were two dwelling-houses (one of which was his homestead), and of some personal property.
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APPEAL from the Circuit Court for Fond du Lao County. Truman A. Root, late of Fond du Lac county, died seised of -a farm in that county, of a parcel of land in the city of Fond du Lac, on which were two dwelling-houses (one of which was his homestead), and of some personal property. He left a will, which has been duly probated, in which he directed a sale of his farm, the payment to his widow of $1,000 of the proceeds, the investment of another $1,000 thereof in a house and lot or other productive property in that city, and the payment to his widow of the rents, issues, and profits of such…
1Opinion of the CourtLyoN, C. J.
For the purposes of this appeal the object tions interposed by the heirs of the testator to the petition of the administrator for leave to sell the reversion in the Eond du Lao city property must be treated as a demurrer *266thereto, and hence the averments in such petition must be taken to be true. Indeed, we do not understand there is or will be any controversy concerning the facts of the case.
Some question was made in the argument as to whether the interest of the heirs of the testator in the Eond dn Lac real estate is a remainder or reversion. If they take under the will, undoubtedly they…
2Cases cited1 opinion
- Ferguson v. MasonWisconsin Supreme Court · 1884
3Cited by6 opinions
- Jerdee v. FurbushWisconsin Supreme Court · 1902
- Turner v. ScheiberWisconsin Supreme Court · 1894
- Davis v. StephensSupreme Court of Missouri · 1939
- Egan v. SellsWisconsin Supreme Court · 1930
- Hamilton v. BuckmanWisconsin Supreme Court · 1903
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