Albright v. Albright
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by-Mr. Justice Cassoday: This is an action of ejectment. Roth parties claim title from Jacob Albright, deceased. The plaintiff claims one sixth of two thirds of the forty acres of land described, under the will of the deceased.
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APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by-Mr. Justice Cassoday: This is an action of ejectment. Roth parties claim title from Jacob Albright, deceased. The plaintiff claims one sixth of two thirds of the forty acres of land described, under the will of the deceased. The defendant Joanna Al-Iright claims the whole of said forty acres of land, as constituting the homestead of the deceased, as his widow, and also as grantee prior to the making of the will. Upon the trial, the court found, in effect, as matters of fact: (1) that September…
1Opinion of the CourtCassoday, J.
1. The widow successfully resisted the probate of the will in the county court. The brothers and sisters gave the requisite bond, and appealed from such adjudication to the circuit court, where the will was admitted to probate. Subsequently the widow elected not to take under the will but under the statute; but this was not dono until more than one year affer the testator’s death. The statute declares, in effect, that such widow shall be deemed to have elected to take the devise or other provision made for her in the will of her husband, “ unless, within one year after the death of her…
2Cases cited21 opinions
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3Cited by26 opinions
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