Legal Opinion

Loper v. Estate of Sheldon

Wisconsin Supreme Court

Decided December 11, 1903PublishedCited by 19 opinions

Appeal from a judgment of tlie circuit court for Eond dit lac county: Michael KibwaN, Circuit Judge. Abbie Strong Loper, in tbe matter of tbe settlement of' tbe estate of Eobert Sbeldon, deceased, in tbe county court of Eond du Lac county, filed a claim for $10,000, stating for facts in support thereof, tbat in May, 1877, sbe, tben a child’ of eleven years, went to reside with tbe deceased and bis. wife, who bad no children of their own, under a contract wherein it was…

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Appeal from a judgment of tlie circuit court for Eond dit lac county: Michael KibwaN, Circuit Judge. Abbie Strong Loper, in tbe matter of tbe settlement of' tbe estate of Eobert Sbeldon, deceased, in tbe county court of Eond du Lac county, filed a claim for $10,000, stating for facts in support thereof, tbat in May, 1877, sbe, tben a child’ of eleven years, went to reside with tbe deceased and bis. wife, who bad no children of their own, under a contract wherein it was stipulated tbat sbe should so remain and serve-them faithfully as a daughter during their lives or until sbe should arrive at…

1Opinion of the CourtMaRshall, J.

Tbe view we take of this case renders two-questions pressed upon our attention in tbe briefs of counsel immaterial to tbe final solution of tbe rights of tbe parties. They are these: (1) Did tbe court err in changing tbe verdict, eliminating tbe element as regards its having been agreed that appellant should reside with Mr. and Mrs. Sheldon during their lives? (2) Is tbe contract, as appellant claims it was made, void under tbe statute of frauds because-not in writing and by its terms not .to be performed within one year ? Eor tbe reason given we will pass sucb questions-without further…

2Cases cited5 opinions

  1. Ellis v. CaryWisconsin Supreme Court · 1889
  2. Martin v. Estate of MartinWisconsin Supreme Court · 1900
  3. Johnson v. PughWisconsin Supreme Court · 1901
  4. Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
  5. Hunt v. StinsonWisconsin Supreme Court · 1899

3Cited by19 opinions

  1. In Re Estate of NewsonSupreme Court of Iowa · 1928
  2. United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
  3. Taylor v. ThiemanWisconsin Supreme Court · 1907
  4. Gister v. American Family Mutual InsuranceWisconsin Supreme Court · 2012
  5. Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932

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