Miller v. Hart (In re Christianson's Estate)

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtMARSHALL
Citation161 Wis. 611,155 N.W. 115
Decision Date07 December 1915
PartiesIN RE CHRISTIANSON'S ESTATE. MILLER ET AL. v. HART.

161 Wis. 611
155 N.W. 115

IN RE CHRISTIANSON'S ESTATE.
MILLER ET AL.
v.
HART.

Supreme Court of Wisconsin.

Dec. 7, 1915.


Appeal from a Judgment of the Circuit Court for Winnebago County; George W. Burnell, Circuit Judge. Affirmed.

Proceedings to determine the descent of the homestead of Louis Christianson under section 2271, Stats. as it existed in 1889.

Louis Christianson died intestate, leaving a widow and issue. Proceedings were commenced in the county court to determine whether the heirs of the intestate, at his decease, inherited the homestead subject to the interest of the widow. The decision was in favor of such heirs. On appeal to the circuit court the decision was affirmed. This appeal is from the judgment accordingly rendered.

[155 N.W. 115]

Hooper & Hooper, of Oshkosh, for appellants.

William & Williams, of Oshkosh, amicus curiæ.


MARSHALL, J.

Section 2270, Stats. when the right in question arose, provided for the descent of real estate of intestates, except as provided in the succeeding section which dealt with the descent of homesteads. The same is true of the statutes now. Section 2271 then was and now is as follows:

“When the owner of any homestead shall die, not having lawfully devised the same, such homestead shall descend, free of all judgments and claims against such deceased owner or his estate except mortgages lawfully executed thereon and laborers' and mechanics' liens, in the manner following:

1. If he shall have no lawful issue, to his widow.

2. If he shall leave a widow and issue, to his widow during her widowhood, and upon her marriage or death to his heirs according to the next preceding section.

3. If he shall leave issue and no widow, to such issue according to the preceding section.

4. If he shall leave no issue or widow, such homestead shall descend under the next preceding section, subject to lawful liens thereon: Provided, however, if there be no widow or minor child of such deceased owner of any homestead living at the time of his death such homestead shall be subject to and charged with the expenses of his last sickness and of his funeral and the costs and charges of administration; and provided further, that if there be no widow and no child and no child of any deceased child of such deceased owner of any homestead such homestead shall be subject to all the debts and liabilities of such deceased owner.”

[1] As indicated in the statement, the question at issue here is whether, when a person dies intestate, leaving a...

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3 practice notes
  • Patterson v. Kerr, No. 28930.
    • United States
    • Supreme Court of Nebraska
    • May 15, 1934
    ...especially where they have been long acquiesced in.” See Bradley v. Village of Union, 164 App. Div. 735, 150 N. Y. S. 112;Miller v. Hart, 161 Wis. 611, 155 N. W. 115. Our court has followed this rule in Mosher v. Huwaldt, 86 Neb. 686, 126 N. W. 143, where it was held: “This court is not ord......
  • Patterson v. Kerr, 28930
    • United States
    • Supreme Court of Nebraska
    • May 15, 1934
    ...especially where they have been long acquiesced in." See Bradley v. Village of Union, 164 A.D. 735, 150 N.Y.S. 112; Miller v. Hart, 161 Wis. 611, 155 N.W. 115. Our court has followed this rule in Mosher v. Huwaldt, 86 Neb. 686, 126 N.W. 143, where it was held: "This court is not ordinarily ......
  • Zaremba v. Int'l Harvester Corp.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 7, 1915
    ...made application for payment of the claim to the superintendent, and, upon his adverse decision, declined to go further. She was [155 N.W. 115]obliged to make the claim to the superintendent, or the death benefit would lapse. Having done this, she might lawfully resort to the courts, and di......
3 cases
  • Patterson v. Kerr, No. 28930.
    • United States
    • Supreme Court of Nebraska
    • May 15, 1934
    ...especially where they have been long acquiesced in.” See Bradley v. Village of Union, 164 App. Div. 735, 150 N. Y. S. 112;Miller v. Hart, 161 Wis. 611, 155 N. W. 115. Our court has followed this rule in Mosher v. Huwaldt, 86 Neb. 686, 126 N. W. 143, where it was held: “This court is not ord......
  • Patterson v. Kerr, 28930
    • United States
    • Supreme Court of Nebraska
    • May 15, 1934
    ...especially where they have been long acquiesced in." See Bradley v. Village of Union, 164 A.D. 735, 150 N.Y.S. 112; Miller v. Hart, 161 Wis. 611, 155 N.W. 115. Our court has followed this rule in Mosher v. Huwaldt, 86 Neb. 686, 126 N.W. 143, where it was held: "This court is not ordinarily ......
  • Zaremba v. Int'l Harvester Corp.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 7, 1915
    ...made application for payment of the claim to the superintendent, and, upon his adverse decision, declined to go further. She was [155 N.W. 115]obliged to make the claim to the superintendent, or the death benefit would lapse. Having done this, she might lawfully resort to the courts, and di......

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