Hoffmeister v. Amberg
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Yernon county: E. 0. IIigbee, Circuit Judge. Tbe appeal is from a judgment of tbe circuit court reversing a judgment of tbe county court.
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Appeal from a judgment of tbe circuit court for Yernon county: E. 0. IIigbee, Circuit Judge. Tbe appeal is from a judgment of tbe circuit court reversing a judgment of tbe county court. One Hugb Brandon of Yernon county died November 12, 1889, leaving a will dated February 26, 1886, and a codicil thereto dated July 23, 1887. Tbe said will and codicil were duly admitted to probate in June, 1910. Surviving said Hugb Brandon were bis widow, Mary Brandon, wbo died December 15, 1909, and tbe following named children: Mary, Anna, since deceased, Eliza, Amberg (respondent), Agnes, William, and…
1Opinion of the CourtEschweilee, J.
The substantial question presented on this appeal is whether this bequest shall draw interest from the period of one year after the death of the testator, as claimed by Mrs. Amberg, or from the time at which the administrator could have been required by law to pay this legacy after the actual probating of the will, as claimed by appellants.
The appellants contend that this is a general legacy and does not take effect until after the will is probated, and then cannot be referred back as to the time of the death of the testator, and that the claimant Eliza Amberg, by joining in the agreement of…
2Cases cited10 opinions
- Matter of RutherfurdNew York Court of Appeals · 1909
- Birdsall v. FraenzelWisconsin Supreme Court · 1913
- Ogden v. PatteeMassachusetts Supreme Judicial Court · 1889
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- Claflin v. HolmesMassachusetts Supreme Judicial Court · 1909
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