Pietsch v. Marshall & Ilsley Bank
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is an action to recover tbe balance of bank deposits from tbe defendant, wbicb it is alleged was assigned to plaintiffs by tbe execution of tbe following written instrument, executed by one Matbilde Pietscb on tbe 31st day of July, 1915: “Whereas, Matbilde Pietscb, of sound mind and memory, is' aged and is desirous of keeping ber property intact until Her death, and wishes to be…
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Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is an action to recover tbe balance of bank deposits from tbe defendant, wbicb it is alleged was assigned to plaintiffs by tbe execution of tbe following written instrument, executed by one Matbilde Pietscb on tbe 31st day of July, 1915: “Whereas, Matbilde Pietscb, of sound mind and memory, is' aged and is desirous of keeping ber property intact until Her death, and wishes to be relieved from the cares and responsibilities connected therewith, and also is desirous of making disposal thereof upon…
1Opinion of the CourtSiebecKee, J.
The primary question presented by the demurrer is, What is the legal effect of this written instrument ? In ascertaining the answer it is to be presumed that the terms of the instrument were employed to effect a purpose the law sanctions concerning a transfer of the property of Mathilde Pietsch. Many of the phrases used in connection with the effective parts of the instrument are probably the product of the scrivener’s habit of employing ancient and superfluous terminology in legal writings and others are manifestly the mere expression of the motives of the maker of the instrument. These…
2Cases cited4 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Perkins v. Burlington Land & Improvement Co.Wisconsin Supreme Court · 1902
- Schumacher v. DraegerWisconsin Supreme Court · 1909
- White v. FitzgeraldWisconsin Supreme Court · 1865
3Cited by3 opinions
- Warsco v. Oshkosh Savings & Trust Co.Wisconsin Supreme Court · 1924
- Gauger v. LudwigWisconsin Supreme Court · 1972
- Koppelkam v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1942