Fuss v. Fuss
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwcmJcee County. The plaintiff, Anna Maria Fuss, was married to John W. Fuss, in Prussia, some time prior to November 14, 1841, both of them being residents and citizens of that country.
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APPEAL from the Circuit Court for MilwcmJcee County. The plaintiff, Anna Maria Fuss, was married to John W. Fuss, in Prussia, some time prior to November 14, 1841, both of them being residents and citizens of that country. On that day they executed, in due form, according to the laws of Prussia, instruments in writing, whereby each granted and transferred to the other all real and personal property which should belong to the donator on the day of his or her death, which constituted a valid post-nuptial contract. Plaintiff owned at that time real estate in Prussia, over which., by the laws of…
1Opinion of the CourtDixow, C. J.
Judge Stoby, in his Conflict of Laws (§ 143), speaking of contracts between husband and wife in respect to their property, says: ££ Where there is an express nuptial contract, that, if it speaks fully to the very point, will generally be admitted to govern all property of the parties, not only in the matrimonial domicil, but in every other place, under the same limitations and restrictions, as apply to other cases of contract. But where there is no express nuptial contract at all, or none speaking to the very point, the question what rule ought to govern, is surrounded with more difficulty.”…
2Cases cited2 opinions
- Castro v. IlliesTexas Supreme Court · 1858
- Le Breton v. MilesNew York Court of Chancery · 1840
3Cited by6 opinions
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Muus v. MuusSupreme Court of Minnesota · 1882
- Long v. HessIllinois Supreme Court · 1895
- Noble v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1943
- Kleb v. KlebNew Jersey Court of Chancery · 1905
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