Legal Opinion

Gudden v. Estate of Gudden

Wisconsin Supreme Court

Decided February 18, 1902PublishedCited by 5 opinions

Appeal from, a judgment of the circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. This is a claim against the estate of William Gudden, deceased, made by Anna Gudden, his widow. It appears that in May, 1880, William Gudden, a widower, fifty-nine years of age, married the claimant, she being then twenty-one years his junior.

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Appeal from, a judgment of the circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. This is a claim against the estate of William Gudden, deceased, made by Anna Gudden, his widow. It appears that in May, 1880, William Gudden, a widower, fifty-nine years of age, married the claimant, she being then twenty-one years his junior. The deceased had at that time two adult children by a former marriage, Adelheid Linde and B. C. Gudden, who lived in Oshkosh; the deceased himself lived upon a valuable farm which he owned in Winnebago county,. Wisconsin. William Gudden died September 17,…

1Opinion of the CourtWinslow, J.

The only question of importance presented in this ease is whether the findings of fact are supported by competent and sufficient evidence. If they are so supported, they confessedly are amply sufficient to support the judgment.

The trial being had before the court, the rules of evidence were not strictly enforced, and the claimant was allowed to testify, under reserved rulings, to transactions with her deceased husband, plainly in violation of the terms of sec. 4069, Stats. 1898. While this testimony was admitted for the time being, it appears affirmatively by the opinion of the trial judge…

2Cases cited2 opinions

  1. Brader v. BraderWisconsin Supreme Court · 1901
  2. Linde v. GuddenWisconsin Supreme Court · 1901

3Cited by5 opinions

  1. Charmley v. CharmleyWisconsin Supreme Court · 1905
  2. Banfield v. SchuldermanOregon Supreme Court · 1931
  3. Krahn v. GoodrichWisconsin Supreme Court · 1917
  4. Baehr v. BuellWisconsin Supreme Court · 1907
  5. Brundage v. TowersWisconsin Supreme Court · 1925

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