Legal Opinion

Buth v. Davis

Wisconsin Supreme Court

Decided November 15, 1921PublishedCited by 7 opinions

Appeal from a judgment of the county court of Shawano county: F. A. Jaeckel, Judge. Charles Johnson died intestate in the year 1914. Appropriate proceedings were had in the county court for the probate of his estate, and, by the final decree, his homestead was assigned to his daughter, I. P. Davis, the respondent, subject to the dower and homestead rights of his widow, Ada G. Johnson. About one year after the death of Charles Johnson his widow remarried.

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Appeal from a judgment of the county court of Shawano county: F. A. Jaeckel, Judge. Charles Johnson died intestate in the year 1914. Appropriate proceedings were had in the county court for the probate of his estate, and, by the final decree, his homestead was assigned to his daughter, I. P. Davis, the respondent, subject to the dower and homestead rights of his widow, Ada G. Johnson. About one year after the death of Charles Johnson his widow remarried. On January 4, 1920, the house situated upon the homestead was destroyed by fire, in which Ada G. Johnson lost her life, her second husband…

1Opinion of the CourtRosenberry, J.

The appellant assigns as error, first, the finding by which the agreement between the respondent and Ada G. Johnson was established, and second, the conclusion of law that the daughter, the petitioner, and respondent here, is entitled to the insurance money. It is further urged on behalf of the appellant that if the claim in question is a valid and proper one it was not filed within the time limited by law and is therefore barred by sec. 3844, Stats.

If the right of the respondent depends upon the contract alleged and found to have been made between the daughter and widow of Charles Johnson,…

2Cases cited6 opinions

  1. Knolls v. . BarnhartNew York Court of Appeals · 1877
  2. Wisdom v. WisdomWisconsin Supreme Court · 1914
  3. Howe v. McGivernWisconsin Supreme Court · 1870
  4. Montague v. SelbIllinois Supreme Court · 1883
  5. Wooster v. Hunts Lyman Iron Co.Supreme Court of Connecticut · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Shearer v. Dunn County Farmers Mutual InsuranceWisconsin Supreme Court · 1968
  2. Estate of NolsWisconsin Supreme Court · 1947
  3. Gray v. Holyoke Mutual Fire Insurance CompanySupreme Court of Alabama · 1974
  4. Mattson v. WagstadWisconsin Supreme Court · 1926
  5. Rock County Savings & Trust Co. v. London Assurance Co.Wisconsin Supreme Court · 1962

2 more not listed; retrieve them via the Exa API.

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