89 Wis. 1 | Wis. | 1894
The plaintiff’s first contention is that under the law as it existed at the time of Cole’s death in 1864 tbe homestead could not be devised so as to affect the widow’s right. This contention cannot be maintained. The homestead was a part of the husband’s real property, and could be treated by him as his own property, except as his rights of disposal were taken away by statute. The law bad not, in 1864, attempted to prevent the husband from devising bis homestead by will. On the contrary, ch. 270, Laws of 1864, which then governed tbe disposition of homesteads after the death of the owner, expressly recognizes and affirms the
But it is said that the dower interest, at least, of Frances Cole in the land has not been been cut off. Neither is this contention tenable. We regard the condition attached to the devise in trust, that the devisee shall give a sufficient bond for the support of the widow during her life, when followed by acceptance and filing of such bond as in this case, and also, as appears by strong inference at least, by performance of the conditions of the bond, as a provision made for the widow under sec. 18, ch. 89, R. S. 1858, which deprived her of dower unless she commenced proceedings for the assignment of her dower within a year after the probate of the will, as provided by sec. 19 of said ch. 89. She commenced no such proceedings. Therefore, she must be held to have elected to accept the provision made by the ■will. The conclusion from these considerations is that the widow had no estate in the lands, either by way of homestead or dower, after a year had elapsed after the probate of the will.
Objections were made by plaintiff to the taxation of nearly all items of the bills of costs. On a motion to review the taxation, the decision of the clerk was affirmed. The motion to review failed to point out in what respect the plaintiff was aggrieved by the action of the clerk, as required by Circuit Court Rule XXXIII. The motion, therefore, was insufficient and brought nothing before the court.
By the Qov/rt.— Judgment affirmed.