Legal Opinion

Flittner v. Graf

Wisconsin Supreme Court

Decided May 3, 1921PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action to construe a will. In 1906 testatrix entered into a land contract with her. daughter and her son-in-law for the sale of a certain lot. Payments of $22 per month were thereafter made as provided for in the contract up to March 7, 1917, when she executed a deed to them and took a mortgage for the balance due with interest at five per cent.

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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action to construe a will. In 1906 testatrix entered into a land contract with her. daughter and her son-in-law for the sale of a certain lot. Payments of $22 per month were thereafter made as provided for in the contract up to March 7, 1917, when she executed a deed to them and took a mortgage for the balance due with interest at five per cent. On March 8, 1916, she executed her. will, the fifth paragraph of which read: “I herewith give, devise and bequeath unto my daughter, Adela Graf, and…

1Opinion of the CourtVinje, J.

The evidence is lacking as to the age of testatrix and is indefinite as to the total value of the estate left by her. She specifically directed that a grandson and two of her sons should take nothing under the will. To the executrix she devised a lot in Milwaukee and she also made her the residuary legatee. Her household furniture and wearing apparel she gave in equal parts to her two daughters named. It appears that she was on good terms with both daughters and with her son-in-law, Charles Graf, who visited her frequently in her last sickness. She was cared for by the executrix, who lived…

2Cited by4 opinions

  1. Rhodes v. KebkeTennessee Supreme Court · 1943
  2. Eisenschenk v. FowlerSupreme Court of Florida · 1955
  3. Gallun v. WolffWisconsin Supreme Court · 1922
  4. In re the Accounting of DuchnowskiAppellate Division of the Supreme Court of the State of New York · 1972

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