Winn v. Itzel
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Milwaukee county: LawreNce W. Halsey, Circuit Judge. Tbis is an. action in equity brought by a trustee of certain real property to obtain from tbe court direction as to bis duty witb regard to tbe transfer of tbe title of said property.
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Appeals from a judgment of tbe circuit court for Milwaukee county: LawreNce W. Halsey, Circuit Judge. Tbis is an. action in equity brought by a trustee of certain real property to obtain from tbe court direction as to bis duty witb regard to tbe transfer of tbe title of said property. Tbe plaintiff, Winn, in June, 1897, was made trustee under a deed of trust executed by Matilda O. Abbey of certain real estate in Milwaukee, and, among other duties, be was required to convey said property to sucb person or persons as Mrs. Abbey, by instrument in writing or by last will, should appoint. Mrs.…
1Opinion of the CourtWiNslow, J.
In the present action a deed of valuable real testate, purporting to have been execnted by an old and feeble woman upon her deathbed, in favor of her companion, is attacked as obtained' by fraud and undue influence. These ■charges were found true by the trial court and the deed was declared void, and from this judgment the grantee appeals.
Before proceeding to the consideration of the merits of the case we shall consider certain questions raised as to the rulings of the trial court upon the admission of evidence. The ■deed in question bears date on the 2d day of September, 1898. Mrs. Abbey was…
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