Dilger v. Estate of McQuade
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lae county; Chester A. Eowlee,, Circuit Judge. Tbe plaintiff was born in February, 1891, and when sbe' was eight months old and in tbe custody of her father and mother sbe was surrendered by her parents to Michael McQuade and bis wife, who was plaintiff’s aunt. McQuade died in 1912 and bis wife some time before.
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Appeal from a judgment of tbe circuit court for Eond du Lae county; Chester A. Eowlee,, Circuit Judge. Tbe plaintiff was born in February, 1891, and when sbe' was eight months old and in tbe custody of her father and mother sbe was surrendered by her parents to Michael McQuade and bis wife, who was plaintiff’s aunt. McQuade died in 1912 and bis wife some time before. Plaintiff was brought up by tbe McQuades, and it is claimed that at or about tbe time sbe was taken by them Mr. McQuade agreed to leave her all of bis property after tbe death of himself and bis wife. At this time as well as at…
1Opinion of the CourtBarnes, J.
An oral contract based on a valid consideration to leave the promisee a legacy in personal property is lawful and enforceable. Jilson v. Gilbert, 26 Wis. 637; Slater v. Estate of Cook, 93 Wis. 104, 67 N. W. 15; Murtha v. Donohoo, 149 Wis. 481, 484, 134 N. W. 406, 136 N. W. 158. It logically follows that a written contract founded on a valuable consideration to leave real estate would likewise be valid and capable of enforcement.
The circuit court held that the plaintiff’s suit was in the nature of an action for specific performance of a contract to convey real estate and that the verdict of…
2Cases cited20 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Holmes v. ConnableSupreme Court of Iowa · 1900
- Tousey v. . HastingsNew York Court of Appeals · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pangarova v. NicholsWyoming Supreme Court · 1966
- Roy v. PosCalifornia Supreme Court · 1920
- Wilcox v. CoumbeWisconsin Supreme Court · 1932
- Ireton v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Frieders v. Estate of FriedersWisconsin Supreme Court · 1923
13 more not listed; retrieve them via the Exa API.