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…
1Dissent 1
Tbe following opinion was filed May 20, 1918:
2Dissent · EschweilebEschweileb, J.
I think tbe claimant should be held to be barred of her dower by tbe rule of tbe common law and also as having been waived by her own deliberate act and tbe judgment be reversed.
Tbe principle of tbe common law as amended by tbe Statute of Westminster and by which an adulteress, by continued absence from her husband, lost her dower, was in existence at tbe time of our Revolution, was suitable to our condition, and clearly in harmony with our constitution and statutes, and is therefore still a part of tbe common law of this country. Sec. 13, art.…
3Cases cited5 opinions
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