Friedrich v. Huth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. This is an action in equity brought by the executor and the devisees and legatees under the last will of Johanna ITuth, deceased, to recover of the defendant (the husband of the deceased) certain moneys and real estate received by the defendant from his deceased wife during her lifetime. ' It appeared without substantial dispute that the defendant had received in moneys from his…
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Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. This is an action in equity brought by the executor and the devisees and legatees under the last will of Johanna ITuth, deceased, to recover of the defendant (the husband of the deceased) certain moneys and real estate received by the defendant from his deceased wife during her lifetime. ' It appeared without substantial dispute that the defendant had received in moneys from his wife in various ways $3,815.46. It did not áppéar affirmatively that.any part of this money had at' any time been…
1Opinion of the Court
WiNslow, O. J.
The appellants’ principal contention is that the court should have held that the real estate belonged to the testatrix or was held in trust for her. We are satisfied that this contention is not well founded. It is well settled in this state that- where lands, are deeded to husband and wife a joint tenancy is thereby created, and that the right of survivorship exists in such case as at common law, which cannot be defeated by devise of the property made by the joint tenant who first dies. Bassler v. Rewodlinslki, 130 Wis. 26, 109 N. W. 1032. It is also very well established that,…
2Cases cited9 opinions
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Bassler v. RewodlinskiWisconsin Supreme Court · 1906
- Rogers v. RogersWisconsin Supreme Court · 1881
- Lamberton v. PerelesWisconsin Supreme Court · 1894
- Skinner v. JamesWisconsin Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
- Brundage v. TowersWisconsin Supreme Court · 1925
- Hendricks v. McCormick Memorial HomeWisconsin Supreme Court · 1931