Dexter v. Witte
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to set aside a trust deed executed by Mary Jane Dexter shortly before her death, conveying-certain real estate in Milwaukee county to the defendant. Robert Stewart Witte in trust for certain purposes named in. the deed.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to set aside a trust deed executed by Mary Jane Dexter shortly before her death, conveying-certain real estate in Milwaukee county to the defendant. Robert Stewart Witte in trust for certain purposes named in. the deed. The plaintiff is a son of Mary Jane Dexter, and-defendant Addie Dexter Witte is her daughter and the wife-of Robert Stewart Witte, trustee, and the other defendants-are children of plaintiff and of the defendants Robert Stewart Witte and Addie Dexter Witte.…
1Opinion of the CourtKerwin, J.
It is established without dispute that the deed in question was never delivered, hence never had vitality as a deed. No error was committed in allowing the amendment to the complaint setting up nondelivery of the deed. The main contention of the appellants is that, although the deed was void for want of delivery, it was valid as a will, and that they should have been permitted to amend their answer so as to set up the fact that the instrument was a will, and be protected by the judgment in their right to have the instrument probated. If the instrument was not testamentary in character, but in…
2Cases cited23 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Sharp v. HallSupreme Court of Alabama · 1888
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Wilson v. CarricoIndiana Supreme Court · 1895
- In re Estate of SkerrettCalifornia Supreme Court · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jones v. CairdWisconsin Supreme Court · 1913