Dew v. Kuehn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case is stated in the opinion. 1. The intention to give to the respondent only a life estate in the realty appears from the will itself. The limiting words are as inseparably connected with the devise as with the bequest; and the following paragraph disposes of a remainder in all the property given in the first paragraph. See Knox u Knox, 59 Wis. 172; Uriah’s Appeal, 86 Pa.
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APPEAL from the Circuit Court for Jefferson County. The case is stated in the opinion. 1. The intention to give to the respondent only a life estate in the realty appears from the will itself. The limiting words are as inseparably connected with the devise as with the bequest; and the following paragraph disposes of a remainder in all the property given in the first paragraph. See Knox u Knox, 59 Wis. 172; Uriah’s Appeal, 86 Pa. St. 386; Metcalf v. Fram/i/ngham Parish, 128 Mass. 370; Person v. Dodge, 23 Pick. 287. Illiterate persons’ wills are construed liberally as to terms used,…
1Opinion of the CourtTaylob, J.
This is an appeal from the judgment of the circuit court of Jefferson county, construing the last will and testament of Mary Ann Kuehn, deceased. The will under consideration was made February 17, 1879; the testatrix died October 10, 1881. She was the wife of the respondent. The whole will, excluding the formal parts and the clause appointing an executor, reads as follows:
“ I hereby give and bequeath unto my beloved husband Charles F. Kuehn all my real estate situated in the town of Concord. Jefferson county and state of Wisconsin, on section eleven it being all my freehold estate whatsoever,…
2Cases cited6 opinions
- Golder v. LittlejohnWisconsin Supreme Court · 1872
- Wolf v. SchæffnerWisconsin Supreme Court · 1881
- Yearnshaw's AppealWisconsin Supreme Court · 1869
- Estate of GoodrichWisconsin Supreme Court · 1875
- Hopkins v. HoltWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Little v. GilesNebraska Supreme Court · 1889
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Atkinson v. AtkinsonWisconsin Supreme Court · 1963
- Battles v. HackettWisconsin Supreme Court · 1922
- Will of Weymouth v. WeymouthWisconsin Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.