Bresee v. Stiles
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Ejectment. In April, 1855, David Bresee executed Ms last will, whereby lie devised and bequeathed his property as follows: 1. To Sarah, his wife, her support from the farm then occupied by him (including the premises here in question), and the right to “ have a home thereon,” as long as she 'should remain his widow. 2. To Isaac and "William, his eldest and third sons, certain other lands; and to Abigail, his eldest daughter,…
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APPEAL from the Circuit Court for Dane County. Ejectment. In April, 1855, David Bresee executed Ms last will, whereby lie devised and bequeathed his property as follows: 1. To Sarah, his wife, her support from the farm then occupied by him (including the premises here in question), and the right to “ have a home thereon,” as long as she 'should remain his widow. 2. To Isaac and "William, his eldest and third sons, certain other lands; and to Abigail, his eldest daughter, certain moneys. 8. To the plaintiff, Levi M. Bresee, his second son, the remainder of his real and personal property, with…
1Opinion of the CourtCole, J.
It is insisted that the children born after the making of the will, are not entitled to claim any portion of the estate of the deceased. It appears that the will was executed in April, 1855. There were three children born between November, 1855, and September, 1859; and the testator’ died in August, 1861. There was no provision in the will for the after-born children; nor is it apparent from *124the will that it was the intention of the testator that no provision should he made for them out of his estate. Under these circumstances, are they cut off by the will? This question is fully answered by…
2Cases cited3 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Rape v. HeatonWisconsin Supreme Court · 1859
- Allie v. SchmitzWisconsin Supreme Court · 1863
3Cited by17 opinions
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- O'Dell v. RogersWisconsin Supreme Court · 1878
- State v. O'DayOregon Supreme Court · 1902
- Newman v. WatermanWisconsin Supreme Court · 1885
- Hawhe v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1897
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