
    Schubert, Respondent, vs. Schubert, Appellant.
    
    
      April 13
    
    May 18, 1943.
    
    
      The cause was submitted for the appellant on the brief of James R. Joyce of Appleton, and for the respondent on the brief of Benton, Bosser, Becker & Parnell of Appleton.
    
      
       Motion for rehearing denied, with $25 posts, on July 27, 1943.
    
   Fairchild, J.

Appellant contends that the trial court erred in its division of property. The rule recognized in Wisconsin is that the division of property in a divorce case is a matter peculiarly within the discretion of the trial court. Voegeli v. Voegeli, 204 Wis. 363, 236 N. W. 123 (authorities cited). While the division made by the trial court was generous to respondent, in view of her $2,500 contribution we do not consider it unduly so except that appellant should be awarded the personal property listed as his in the order of October 3, 1942, i. e., the tools, etc.

Counsel for appellant, having agreed to accept the assessed value as the true value of the homestead, is not now in a position to challenge the finding of the trial court.

By the Court. — Judgment modified so as to award the above described personalty to'the appellant, and as modified affirmed. No costs allowed. Appellant to pay clerk’s fees.  