Williams v. Daubner
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelahd, Judge. The facts in this case are quite fully set out in the findings.
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelahd, Judge. The facts in this case are quite fully set out in the findings. It appears therefrom, and from the evidence, that Gertrude A. Williams, prior to her marriage with plaintiff, was the owner of a house and lot in the city of Milwaukee; that she was affected with consumption, and died on the 12th day of March, 1891; that prior to the 29th day of January, 1891, she executed a will, in which she devised said property to her mother, Jane Sharpies, for life, and after her death to her brother, the defendant…
1Opinion of the CourtBardeen, J.
The facts in this case are in no substantial dispute. Mrs. Williams executed the deed in suit, and delivered it to Mr. Daubner to hold, upon the understanding that if she recovered from her sickness she was to have it back, and, if not, then it was to be delivered to the grantee named. The sole question is, Was this deed in the hands of Dembner beyond her control ? This case is ruled by Prutsman v. Baker, 30 Wis. 644. The cases do not differ in any essential particular as to the circumstances under which the deed came to the possession of the depositary and under which he was to hold it. It…
2Cases cited4 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Schmidt v. DeeganWisconsin Supreme Court · 1887
- Lehigh Coal & Iron Co. v. West Superior Iron & Steel Co.Wisconsin Supreme Court · 1895
3Cited by10 opinions
- Dickson v. MillerSupreme Court of Minnesota · 1914
- Kittoe v. WilleyWisconsin Supreme Court · 1904
- Childers v. BairdSupreme Court of Colorado · 1915
- Failor v. WeheSupreme Court of Kansas · 1916
- Kolber v. SteinhafelWisconsin Supreme Court · 1926
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