Verrinder v. Winter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeokek, Circuit Judge. This is an action for the partition of certain real estate in Dane county. All parties claim'title under one Washington G. Winter, ivho owned the lands at the time of his death, July 20, 1852. Winter died without living issue; leaving, him surviving, his wife, Margaret Winter, who was then, to his knowledge, pregnant.
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Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeokek, Circuit Judge. This is an action for the partition of certain real estate in Dane county. All parties claim'title under one Washington G. Winter, ivho owned the lands at the time of his death, July 20, 1852. Winter died without living issue; leaving, him surviving, his wife, Margaret Winter, who was then, to his knowledge, pregnant. A few hours before his death, and while in extremis, he made a will, which was hurriedly drawn by a farmer neighbor, which reads as follows (errors in spelling being corrected): “I…
1Opinion of the CourtWiNslow, J.
The will, though hastily and inartifi daily drawn, is easily understood, and we think its construction is in no way uncertain. The testator was upon his deathbed, stricken with an acute disease. He was entirely conscious, and knew that his death was at hand. He had no *290living children, and knew that his wife was pregnant by him. The will was evidently intended to give his wife two thirds of his entire estate if she remained his widow; but, if she remarried, she was to retain but one of these thirds, and the other was to go to her unborn child. The remaining third was to go to his brother,…
2Cases cited1 opinion
- Osborn v. Jefferson National Bank of SteubenvilleIllinois Supreme Court · 1886
3Cited by6 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- In Re Harper's EstateWashington Supreme Court · 1932
- Sandon v. SandonWisconsin Supreme Court · 1905
- Will of Weymouth v. WeymouthWisconsin Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.