Hawley v. Tesch
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. This is an action in equity brought to set aside as fraudulent certain sales of real estate made by John II. Tesch and Helen Hawley, executors of the will of Cyrus Hawley, and for an accounting. A demurrer to the complaint was overruled upon appeal to this court.
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APPEALS from the Circuit Court for Milwaukee County. This is an action in equity brought to set aside as fraudulent certain sales of real estate made by John II. Tesch and Helen Hawley, executors of the will of Cyrus Hawley, and for an accounting. A demurrer to the complaint was overruled upon appeal to this court. See Hawley v. Tesch, 72 Wis. 299. Cyrus Hawley died June 1, 1871, testate, appointing his widow, Helen Hawley, his son Cyrus Tomlinson Hawley, and the defendant John H. Tesch executors and trustees of his will. He died seised of sixty-six acres of land in the town of Wauwatosa,…
1Opinion of the Court
The following opinion was filed June 2, 1894:
WiNsnow, J.
That part of the judgment of the circuit court which set aside as fraudulent and void the ostensible sale of the great bulk of this valuable estate to Yogel for the benefit of Boos, the son-in-law of Tesch, and of Tesch himself, is not appealed from. Its justice is not and could not be questioned. This transaction bore all the badges of fraud known to the law. It was a sham; it was kept secret; it was a conveyance by the trustee of the trust property nominally to another, but in reality to himself and his son-in-law ; the nominal…
2Cases cited9 opinions
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- Dawson v. GrowWest Virginia Supreme Court · 1887
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