Leach v. Leach
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The following facts appear from the record, and were, in substance, found by the trial court: June 12, 1876, the testator, "William Leach, and the defendant, Sarah Leach, were married.
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APPEAL from the Circuit Court for Kenosha County. The following facts appear from the record, and were, in substance, found by the trial court: June 12, 1876, the testator, "William Leach, and the defendant, Sarah Leach, were married. Sm-ah then owned forty acres of land and personal property to the amount of $600. June 27, 1876, the said 'William and Sarah mutually agreed, by writing under seal, to relinquish and release, each to the other, all right, title, and interest in and to all the estate and property which the other then had or might thereafter acquire; granting and giving free and…
1Opinion of the CourtCassoday, J.
There can be no question but wbat the circuit court was right in concluding that the agreement given by the defendant, Sarah, to her husband a few days after their marriage, purporting to release all her interest in his estate, was null and void in law, and not at all binding upon her after his death. Wilber v. Wilber, 52 Wis. 298; Munger v. Perkins, 62 Wis. 504.
Since the testator died leaving him surviving no lawful issue, it follows that, had he made no will, all his property, both real and personal, would have descended to his wife, the defendant in this action, subject, of course, to the…
2Cases cited7 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Melms v. PfisterWisconsin Supreme Court · 1884
- Drake's Appeal from ProbateSupreme Court of Connecticut · 1877
- Munger v. PerkinsWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Davis v. DeanWisconsin Supreme Court · 1886
- In re Valentine's WillWisconsin Supreme Court · 1896
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Ford v. FordWisconsin Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.