Legal Opinion

Leiser v. Pagel

Wisconsin Supreme Court

Decided November 16, 1920PublishedCited by 16 opinions

Appeals from a judgment of the county court of Sauk county: James H. Hill, Judge. Charles Leu died testate August 18, 1919, leaving an estate valued at $2,369.71, which, by the terms of his will executed eight days before his death, he bequeathed to his only daughter, Minnie Pagel. Charles Leu was twice married, and Minnie Pagel is a daughter by his first wife.

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Appeals from a judgment of the county court of Sauk county: James H. Hill, Judge. Charles Leu died testate August 18, 1919, leaving an estate valued at $2,369.71, which, by the terms of his will executed eight days before his death, he bequeathed to his only daughter, Minnie Pagel. Charles Leu was twice married, and Minnie Pagel is a daughter by his first wife. After the death of his first wife he married a Mrs. Schroeder, who had adopted two nieces, one of whom was Amelia Leiser. mother of the plaintiff. For many years Charles Leu and his second wife lived together upon a small piece of land…

1Opinion of the CourtOwen, J.

It is well settled in this state that the title to personal property does not pass from a deceased person to his-heirs or any one else without administration of such *533person’s estate and a due assignment of the property by the personal representative of the deceased. McKenney v. Minahan, 119 Wis. 651, 97 N. W. 489; Buttles v. De Baun, 116 Wis. 323, 93 N. W. 5. It follows that Charles Leiser and his children, as individuals, had no right of action against the estate of Charles Leu to recover for the services rendered by Mrs. Leiser during her lifetime.

The time for filing claims, against the…

2Cases cited14 opinions

  1. Barry v. MinahanWisconsin Supreme Court · 1906
  2. Estate of KesslerWisconsin Supreme Court · 1894
  3. McKenney v. MinahanWisconsin Supreme Court · 1903
  4. Jilson v. GilbertWisconsin Supreme Court · 1870
  5. Martin v. Estate of MartinWisconsin Supreme Court · 1900

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

3Cited by16 opinions

  1. Peters v. KellWisconsin Supreme Court · 1960
  2. Sheldon v. BlackmanWisconsin Supreme Court · 1925
  3. Estate of RosenthalWisconsin Supreme Court · 1945
  4. Kessler v. OlenWisconsin Supreme Court · 1938
  5. Predmore v. HamleyWisconsin Supreme Court · 1924

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

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