Chaudoir v. Witt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an equitable action to set aside two quitclaim deeds on the ground that they were in fact testamentary documents and had never been delivered so as to become effective as deeds. The action was originally brought by one Rose Chaudoir, and upon her death revived in the name of her husband, the present plaintiff, as the executor and sole devisee under her will.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an equitable action to set aside two quitclaim deeds on the ground that they were in fact testamentary documents and had never been delivered so as to become effective as deeds. The action was originally brought by one Rose Chaudoir, and upon her death revived in the name of her husband, the present plaintiff, as the executor and sole devisee under her will. Rose Chaudoir was the granddaughter of one Fred Wit't and Lina Witt, his wife, both deceased, being the only child and heir at law of…
1Opinion of the Court
The following opinion was filed March 4, 1919:
Winslow, C. J.
There is but one serious question in this case, and that is the question whether the finding of the trial -court to the effect that the deeds in question were delivered with intent to presently convey the property is sustained by the evidence,' and we approach this question mindful of the principle that the findiiig must be sustained unless it be against the clear preponderance of the evidence.
The legal principles applicable to the case are comparatively simple and free from doubt, and may be briefly recapitulated as follows: A deed…
2Cases cited9 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Wilson v. WilsonIllinois Supreme Court · 1895
- Rogers v. RogersWisconsin Supreme Court · 1881
- Curry v. ColburnWisconsin Supreme Court · 1898
- Oswald v. CaldwellIllinois Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- George Williams College v. Village of Williams BayWisconsin Supreme Court · 1943
- Castellani v. Kohne (In re Kucharek)District Court, E.D. Wisconsin · 1987
- Hamblyn v. CraseWisconsin Supreme Court · 1928
- Matter of LemanskiUnited States Bankruptcy Court, W.D. Wisconsin · 1986
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
9 more not listed; retrieve them via the Exa API.