Rodman v. Rodman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Walworth county: Frank M. Fish, Circuit Judge. This is an action to enforce the specific performance of an alleged oral contract to will real estate. In the year 1873, and for a number of years prior thereto, Robert L. Rodman, deceased, owned a farm of about 500 acres in "Walworth county, Wisconsin, upon which he lived with his wife, and which he had carried on for a number of years.
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Appeal from a judgment of the circuit court for Walworth county: Frank M. Fish, Circuit Judge. This is an action to enforce the specific performance of an alleged oral contract to will real estate. In the year 1873, and for a number of years prior thereto, Robert L. Rodman, deceased, owned a farm of about 500 acres in "Walworth county, Wisconsin, upon which he lived with his wife, and which he had carried on for a number of years. He was at that time sizty-seven years of age, and had a number of children, who were all adults and were living away from home. The names of his children are:…
1Opinion of the CourtWinslow, J.
The fact that Robert L. Rodman desired to leave to the plaintiff the largest and best part of bis estate is rendered certain by the fact that he executed (or supposed that he executed) a will to that effect in 1881, when he was in full health and strength, which remained unre-voked, and which failed to be effective by no fault of his. Adams v. Rodman, 102 Wis. 456. That he had sufficient ground for so discriminating in favor of his youngest son appears satisfactorily from the evidence in this case. That son had for twenty-two years operated his father’s farm on shares, returning to his father…
2Cases cited3 opinions
- Ellis v. CaryWisconsin Supreme Court · 1889
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
- Adams v. RodmanWisconsin Supreme Court · 1899
3Cited by12 opinions
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Seraphine v. HardimanWisconsin Supreme Court · 1969
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932
- Marshall & Ilsley Bank v. SchuerbrockWisconsin Supreme Court · 1928
- Clark v. ClarkUtah Supreme Court · 1929
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