Legal Opinion

Estate of Rooney

Wisconsin Supreme Court

Decided February 5, 1963PublishedCited by 3 opinions

1Opinion of the CourtBrown, C. J.

The issue presented upon appeal is whether the judgment and stipulation provide for alimony payments to appellant after the death of her former husband in view of the language of the judgment and stipulation and the circumstances surrounding the divorce.

The general principle is well established that alimony payments to the divorced wife cease upon the death of the divorced husband. Estate of Traver (1958), 2 Wis. (2d) 509, 87 N. W. (2d) 269; Kuether v. State (1921), 174 Wis. 538, 183 N. W. 695; Yates v. Yates (1917), 165 Wis. 250, 161 N. W. 743. However, this principle is subject to the rule…

2Cases cited3 opinions

  1. Yates v. YatesWisconsin Supreme Court · 1917
  2. Kuether v. StateWisconsin Supreme Court · 1921
  3. Clayton v. TraverWisconsin Supreme Court · 1958

3Cited by3 opinions

  1. Bliwas v. BliwasWisconsin Supreme Court · 1970
  2. Marriage of Wagner v. Estate of SobczakCourt of Appeals of Wisconsin · 2011
  3. MacHerey v. Home InsuranceCourt of Appeals of Wisconsin · 1994

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