Deller v. Deller
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. The deceased, Joseph Deller, was married on May 23,. 1895, to the petitioner herein. At that time he was a widower aged sixty-six and she was a spinster aged forty-one. The deceased had several children by his former wife, who were living at the time of his marriage in 1895 and are still living. No issue was born of the marriage which took place-at that time.
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Appeals from a judgment of the circuit court for Milwaukee county: J. O. Ludwig, Circuit Judge. The deceased, Joseph Deller, was married on May 23,. 1895, to the petitioner herein. At that time he was a widower aged sixty-six and she was a spinster aged forty-one. The deceased had several children by his former wife, who were living at the time of his marriage in 1895 and are still living. No issue was born of the marriage which took place-at that time. On April 5, 1895, the following antenuptial agreement was executed and acknowledged between the parties: “This agTeement, made and entered…
1Opinion of the CourtBarNes, J.
Tbe authorities, aside from those of Alabama, are quite unanimous in holding that a valid antenuptial agreement may be made, and this court so decided in West v. Walker, 77 Wis. 557, 46 N. W. 819. Usually in such contracts the woman, in consideration of a specific allowance in money or property, or both, on the death of her husband, surrenders the provisions- which the law makes for her in the event of the intestacy of the husband or of her election to renounce the provision made for her by will. An agreement whereby the future wife releases her claim to her right of dower and other rights in…
2Cases cited26 opinions
- Pierce v. . PierceNew York Court of Appeals · 1877
- McNutt v. McNuttIndiana Supreme Court · 1888
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Graham v. . GrahamNew York Court of Appeals · 1894
- Naill v. MaurerCourt of Appeals of Maryland · 1866
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3Cited by21 opinions
- Estate of YoellCalifornia Supreme Court · 1913
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Rowell v. BarberWisconsin Supreme Court · 1910
- Watson v. WatsonSupreme Court of Kansas · 1919
- Koeffler v. KoefflerWisconsin Supreme Court · 1934
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