Evans v. Poster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha, County. Sarah Evans died November 3,1878, leaving a will executed .September 21, 1878, and which was admitted to probate April 7, 1879, in and by which she, in effect, gave, devised, and bequeathed to her son Marcenas the sum of $2,000, the same to be a lien upon her Pewaukee farm of eighty acres, therein described, until satisfied and paid. She also devised to her said son a lot in Waiikesha, therein described.
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APPEAL from the Circuit Court for Waukesha, County. Sarah Evans died November 3,1878, leaving a will executed .September 21, 1878, and which was admitted to probate April 7, 1879, in and by which she, in effect, gave, devised, and bequeathed to her son Marcenas the sum of $2,000, the same to be a lien upon her Pewaukee farm of eighty acres, therein described, until satisfied and paid. She also devised to her said son a lot in Waiikesha, therein described. She therein also gave, devised, and ordained that her daughter Mary Ann should have her support and maintenance out of the proceeds,…
1Opinion of the CourtCassoday, J.
It is contended by the learned counsel for the defendant that this action cannot be maintained for the *514recovery of tbe unpaid balance of tbe legacy in question. It will be observed from tbe foregoing statement that tbe legacy mentioned, and the provision for tbe support and maintenance of Mary Ann, were, respectively, made liens upon tbe Pewaukee farm; that, subject to such liens and legacies, tbe testatrix gave, devised, and bequeathed to the defendant tbe said farm, and also three village lots, including tbe homestead, and also all other property, both real and personal, except one village…
2Cases cited8 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Scott v. WestWisconsin Supreme Court · 1885
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Thorn v. . GarnerNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hoffmeister v. AmbergWisconsin Supreme Court · 1916
- Merton v. O'BrienWisconsin Supreme Court · 1903
- Pym v. PymWisconsin Supreme Court · 1903
- In re Will of BouckWisconsin Supreme Court · 1907
- Trickle v. SnyderWisconsin Supreme Court · 1935
3 more not listed; retrieve them via the Exa API.