Will of Boeck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waushara county: Byeoh E. Pabk, Circuit Judge. William Boeck died testate October 18, 1912. He had owned continuously, up to that, time, for many years, south half of northwest quarter of section 13, township 18, range 12 east, in Waushara county, Wisconsin, the east forty of'which was his homestead. ITe never owned any other land in said quarter-section. The west forty which he owned is the subject of this action.
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Appeal from a judgment of the circuit court for Waushara county: Byeoh E. Pabk, Circuit Judge. William Boeck died testate October 18, 1912. He had owned continuously, up to that, time, for many years, south half of northwest quarter of section 13, township 18, range 12 east, in Waushara county, Wisconsin, the east forty of'which was his homestead. ITe never owned any other land in said quarter-section. The west forty which he owned is the subject of this action. He was sixty-nine years old at the date of the will. He was survived by eight children. All were named as beneficiaries. There was…
1Opinion of the CourtMaRshaul, J.
There are no two opinions as to what the testator intended. He purposed recognizing his son Herman by giving him the forty acres of land which was not otherwise disposed of by his will, and to burden it with a legacy of $150 in favor of his daughter Bertha. That he intended to deal ■with the land he did not own, and thereby, practically, disinherit both son and daughter, notwithstanding the careful remembrance of them and all other members of his family, would be too absurd to be seriously thought of. This was the view below; but, — influenced by the observation in the editor’s note in 6 L.…
2Cases cited6 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Lomax v. LomaxIllinois Supreme Court · 1905
- Sherwood v. SherwoodWisconsin Supreme Court · 1878
- Whitcomb v. RodmanIllinois Supreme Court · 1895
- Collins v. CappsIllinois Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stone v. StoneWisconsin Supreme Court · 1916
- Estate of Gibbs v. KrauseWisconsin Supreme Court · 1961
- In Re Johnson's EstateUtah Supreme Court · 1924
- Estate of BrandenburgWisconsin Supreme Court · 1961
- Mahon v. Security First National BankWisconsin Supreme Court · 1972
14 more not listed; retrieve them via the Exa API.