Cashman v. Ross
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: James O’Neill, Judge. Action for partition of real estate. Plaintiff alleges that he is a tenant in common with the defendants in certain described lands and, as such, prays for a partition thereof.
Read the full summary
Appeal from a judgment of the circuit court for St. Croix county: James O’Neill, Judge. Action for partition of real estate. Plaintiff alleges that he is a tenant in common with the defendants in certain described lands and, as such, prays for a partition thereof. The evidence shows that in 1882 one Mathias Ross was the owner of the lands in question and that he then made a will reading, “I hereby give and bequeath to my wife, Katie Ross, all my real and personal property (after the payment of my just debts) to have and to hold during her natural life. After her death the said property to be…
1Opinion of the CourtViNJE, J.
The sole question presented by the appeal is whether or not under the will set'out'in the statement of facts any estate or interest in the lands vested in Margaret Ross at the death of the testator or before'the death of the life tenant,. Katie Ross. If an estate or interest vested in her, then plaintiff, as her sole heir, is entitled to maintain the action. On the other hand, if.no interest or estate vested in the re-maindermen until the death of the‘life tenant, then plaintiff,, since his wife, Margaret', died before the life tenant, has no-interest in the lands, and cannot maintain…
2Cases cited3 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In re Moran's WillWisconsin Supreme Court · 1903
- Greeney v. GreeneyWisconsin Supreme Court · 1914
3Cited by11 opinions
- Roth v. KarstenWisconsin Supreme Court · 1926
- Williams v. ParsonsWisconsin Supreme Court · 1920
- First National Bank & Trust Co. v. GreeneWisconsin Supreme Court · 1942
- Scott v. RossWisconsin Supreme Court · 1923
- Schroeter v. ReimersWisconsin Supreme Court · 1943
6 more not listed; retrieve them via the Exa API.