Hardy v. Scales
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. In September, 1877, Samuel H. Scale3 died in La Fayette county, leaving surviving him his widow and six children, his only heirs-at-law.
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APPEAL from the Circuit Court for La Fayette County. In September, 1877, Samuel H. Scale3 died in La Fayette county, leaving surviving him his widow and six children, his only heirs-at-law. By his will, which was duly admitted to probate, he gave to his widow an undivided half of certain real estate, including the homestead, and of the personal property in use thereon, for her life, and to his son Samuel H. Scales, Jr., the other undivided half of said real and personal property, and an estate in remainder in the halfo given to the widow, expectant upon her death. There was no residuary…
1Opinion of the CourtCole, C. J.
In this case the learned counsel did not disagree as to the rule of the common law which put the widow to an election between the' provisions made for her by the will of her husband and her right of dower. They fully agree that dower was a legal right which was much favored by the *455courts, and that the presumption was thát a -provision for the widow in the will was a matter of bounty, and was not intended to exclude dower unless it was 'so expressed in the will, or there was a clear implication to that effect. But it is conceded that this rule of the common law was.long since changed by…
2Cases cited2 opinions
- Zægel v. KusterWisconsin Supreme Court · 1881
- Wilber v. WilberWisconsin Supreme Court · 1881
3Cited by8 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Uihlein v. UihleinWisconsin Supreme Court · 1953
- Leach v. LeachWisconsin Supreme Court · 1886
- Mechling v. McAllisterSupreme Court of Minnesota · 1917
- Graves v. MitchellWisconsin Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.