Legal Opinion

Israel v. Silsbee

Wisconsin Supreme Court

Decided March 13, 1883PublishedCited by 7 opinions

APPEAL from the Circuit Court for Dane County. In 1851 Nicholas Smith died testate in the city of Madison, leaving surviving him his widow, who is the present appellant, and their six children, to whom he devised certain real estate in Madison, of which he died seized. Eliza Jane Smith was their oldest child, and at the time of her father’s death was about eleven years of age. In 1858 Eliza Jane intermarried with one Benedict Israel.

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APPEAL from the Circuit Court for Dane County. In 1851 Nicholas Smith died testate in the city of Madison, leaving surviving him his widow, who is the present appellant, and their six children, to whom he devised certain real estate in Madison, of which he died seized. Eliza Jane Smith was their oldest child, and at the time of her father’s death was about eleven years of age. In 1858 Eliza Jane intermarried with one Benedict Israel. The plaintiff, Maoa-imilUan D. Israel, who was born in 1859, is their son, and the only issue of such marriage. In 1862 Mrs. Israel, with her son, joined Mr.…

1Opinion of the CourtLyoN, J.

It is admitted, in behalf of Mrs. Silsbee, that her grandson, MaximiTlian D. Israel, the respondent, was the owner of an undivided seven fifty-fourths part of lot 3, in block 103, in the city of Madison; that she acquired the title to that interest by her purchase thereof at the guardian’s sale; that the consideration which she agreed to pay therefor was $1,555.55; and that she paid to the guardian on account of her purchase, including interest, but $506.98. The balance of the purchase money — $1,180 — she retains to satisfy her demands against the estate of Mrs. Israel, pursuant to the…

2Cases cited5 opinions

  1. In re the Estate of FisherWisconsin Supreme Court · 1862
  2. Archer v. MeadowsWisconsin Supreme Court · 1873
  3. Mohr v. TulipWisconsin Supreme Court · 1876
  4. Betts v. ShottonWisconsin Supreme Court · 1871
  5. McGonigal v. ColterWisconsin Supreme Court · 1873

3Cited by7 opinions

  1. Estate of Bailey v. CullenWisconsin Supreme Court · 1931
  2. Guardianship of ReeveWisconsin Supreme Court · 1922
  3. Beck v. StateWisconsin Supreme Court · 1928
  4. Estate of HatzlWisconsin Supreme Court · 1964
  5. Estate of Batz v. BatzWisconsin Supreme Court · 1930

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