Schoenwetter v. Schoenwetter
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county; LaweeNce W. Halsey, Circuit Judge. This is an appeal from an order sustaining a general demurrer to the answer of the defendant Lewis F. Schoenwetter in an action upon a promissory note of $3,800 executed by the defendant Barney A. Schoenwetter and the appellant, Lewis F. -Schoenwetter, as joint and several makers and payable four years after date to the plaintiff, Edward A. Schoen-wetter„ “as trustee of the…
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Appeal from an order of the circuit court for Milwaukee county; LaweeNce W. Halsey, Circuit Judge. This is an appeal from an order sustaining a general demurrer to the answer of the defendant Lewis F. Schoenwetter in an action upon a promissory note of $3,800 executed by the defendant Barney A. Schoenwetter and the appellant, Lewis F. -Schoenwetter, as joint and several makers and payable four years after date to the plaintiff, Edward A. Schoen-wetter„ “as trustee of the estate of Louise Schoenwetter, deceased.” It appeared by the complaint that the plaintiff had not been appointed trustee by…
1Opinion of the CourtWiNsnow, C. J.
The pleadings show that all the persons beneficially interested in the estate of Louise Schoenwetter (whether she died testate or intestate), with the exception of possible creditors, agreed that Edward should collect the assets and distribute them, and for that purpose should accept from Barney, in place of the property of Louise in his hands, the present note; that more than four years elapsed after the making of that agreement and note before the commencement of this action; and that there have never been any probate proceedings instituted for the settlement of the estate.
It is well…
2Cases cited3 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Will on DardisWisconsin Supreme Court · 1908
- McKeigue v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
3Cited by24 opinions
- Estate of StaabWisconsin Supreme Court · 1918
- Hayden v. NuzumWisconsin Supreme Court · 1925
- Graef v. KanouseWisconsin Supreme Court · 1931
- State v. DossWisconsin Supreme Court · 2008
- Estate of SipchenWisconsin Supreme Court · 1923
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