Breitenbach v. Schoen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. The facts are not in dispute and are as follows: Anna Maria Schoen, widow, hereinafter referred to as the deceased, had been a resident of the city of Milwaukee for about sixty-five years and died at the age of seventy-nine years. She was German and unable to read or write English.
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. The facts are not in dispute and are as follows: Anna Maria Schoen, widow, hereinafter referred to as the deceased, had been a resident of the city of Milwaukee for about sixty-five years and died at the age of seventy-nine years. She was German and unable to read or write English. Her husband had died in December, .1919. The defendant, her son, had lived in the home of the deceased during his entire life up to the time of her death. The deceased had two children besides the defendant, the…
1Opinion of the CourtRosenberry, J.
It is conceded that a joint tenancy may be created in personal property. It is contended that there must be the characteristic unities, namely: unity of time, title, interest, and possession. Dupont v. Jonet, 165 Wis. 554, 162 N. W. 664.
It is claimed that under the undisputed facts in this case the deceased could not, by assigning the certificates to herself, create a joint tenancy because her interest and the interest of the defendant were not created by the same act, nor did the interest of the deceased and that of the defendant vest-'at one and the same time. Joint tenancies are no longer…
2Cases cited3 opinions
- Dupont v. JonetWisconsin Supreme Court · 1917
- Pegg v. PeggMichigan Supreme Court · 1911
- Wright v. KnappMichigan Supreme Court · 1915
3Cited by18 opinions
- Estate of Staver v. StaverWisconsin Supreme Court · 1935
- Strout v. BurgessSupreme Judicial Court of Maine · 1949
- Deslauriers v. SenesacIllinois Supreme Court · 1928
- Stuehm v. MikulskiNebraska Supreme Court · 1941
- Edmonds v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
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