Murray v. Kluck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Gh'cmt County. This is a proceeding under secs. 3933, 3934, R. S., to settle the accounts of a deceased executor. Mathias Kluck died testate, March 23, 1S85, possessed of real and personal estate.
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APPEAL from the Circuit Court for Gh'cmt County. This is a proceeding under secs. 3933, 3934, R. S., to settle the accounts of a deceased executor. Mathias Kluck died testate, March 23, 1S85, possessed of real and personal estate. By his will he devised and bequeathed: (1) A part of his real estate to his wife, Anna Kluok, in fee; (2) the remainder of his real estate to his wife “ so long as she shall live; ” (3) all his personal estate to his wife, “ to have and to hold the same to her sole use, benefit, and behoof, with all the increase and increment thereof, so long as she shall live; ”…
1Opinion of the CourtWinslow, J.
The evidence clearly does not sustain the finding of the circuit court to the effect that the $1,500 received by Anna Kluck as payment of the Johnson mortgage was her own property. It was undisputed that the *571money loaned to Johnson was Mathias Kluck’s money, and that the note and mortgage, when taken, belonged to him. No sale, transfer, or gift of the same was proven by any competent evidence. There was evidence received, against objection, to the effect that Anna had said that her husband gave the money to her. Her own testimony to that effect would not have been admissible; much less,…
2Cases cited1 opinion
- Paine v. BarnesMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Berry v. KuhlCourt of Appeals for the Seventh Circuit · 1949
- Estate of Holmes v. HolmesWisconsin Supreme Court · 1939
- Perkinson v. ClarkeWisconsin Supreme Court · 1908
- Otjen v. FrohbachWisconsin Supreme Court · 1912
- Vincent v. PutnamNew York Supreme Court · 1926
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