Legal Opinion

Dupont v. Jonet

Wisconsin Supreme Court

Decided May 15, 1917PublishedCited by 25 opinions

Appeal from a judgment of the circuit court for Brown county; HeNRT Geaass, Circuit Judge. Action in equity, originally brought by the administrator of the estate of a deceased husband against the administrator of the estate of his deceased wife demanding judgment that certain securities be declared to be the property of the plaintiff administrator and that the defendant administrator be adjudged to hold the same in trust for' the plaintiff administrator.

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Appeal from a judgment of the circuit court for Brown county; HeNRT Geaass, Circuit Judge. Action in equity, originally brought by the administrator of the estate of a deceased husband against the administrator of the estate of his deceased wife demanding judgment that certain securities be declared to be the property of the plaintiff administrator and that the defendant administrator be adjudged to hold the same in trust for' the plaintiff administrator. In the original complaint it was charged that the wife had procured the deceased husband to transfer the securities to her by undue…

1Opinion of the CourtWinslow, C. J.

It is very plain that there was presented to the trial court-here but one simple issue and that was whether the deceased Louisa, at the time she received the property in question, made a promise or contract that she would use it during her life and upon her death give it to her husband’s children. The fact that a complete transfer of the property to her had been made was not questioned; in fact it was explicitly asserted in the complaint (as amended) that “she obtained the property” by reason, of having made such a promise. This issue the court below tried with painstaking care. The proof of…

2Cases cited8 opinions

  1. Allen v. WithrowSupreme Court of the United States · 1884
  2. Bassler v. RewodlinskiWisconsin Supreme Court · 1906
  3. Fiedler v. HowardWisconsin Supreme Court · 1898
  4. Tobin v. TobinWisconsin Supreme Court · 1909
  5. Farr v. Trustees of the Grand Lodge of the Ancient Order of United WorkmenWisconsin Supreme Court · 1892

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3Cited by25 opinions

  1. Estate of Staver v. StaverWisconsin Supreme Court · 1935
  2. Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
  3. Braasch v. BondeWisconsin Supreme Court · 1926
  4. Breitenbach v. SchoenWisconsin Supreme Court · 1924
  5. State Ex Rel. State Bar of Wisconsin v. KellerWisconsin Supreme Court · 1962

20 more not listed; retrieve them via the Exa API.

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