Goebel v. Thieme
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. On December II, 1872, Henry Goebel, husband of the plaintiff Bosine, and father of the plaintiff Ernestine Thieme, died, leaving a will executed by him April 11, 1872. This will was admitted to probate January 27, 1873, and, omitting the formal parts, was as follows, to wit: “ I give and bequeath unto my beloved wife, Bosine Goebel, all my real estate and land lying and being in the county of Sheboygan, to have and to hold…
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APPEAL from the Circuit Court for Sheboygan County. On December II, 1872, Henry Goebel, husband of the plaintiff Bosine, and father of the plaintiff Ernestine Thieme, died, leaving a will executed by him April 11, 1872. This will was admitted to probate January 27, 1873, and, omitting the formal parts, was as follows, to wit: “ I give and bequeath unto my beloved wife, Bosine Goebel, all my real estate and land lying and being in the county of Sheboygan, to have and to hold the same to her own use and benefft as long as she shall live, but without the privilege to sell the lemd; and I also…
1Opinion of the CourtCassoday, J.
The will devised to the widow only a life estate in the lands in question. She was by the express terms of the will prohibited from selling the land at all, except upon the condition precedent that she and her son, August, and her daughter, Ernestine, should together agree upon the sale of the land. The defendant claims title to the land by virtue of the quitclaim deed from the plaint*289iffs. There is no evidence that August ever agreed with his mother and sister that such deed should be made. Without such agreement, no valid deed of the land could be made during the life of the widow. She could…
2Cases cited1 opinion
- Rowell v. WilliamsWisconsin Supreme Court · 1882
3Cited by2 opinions
- Hicks v. FaustTexas Supreme Court · 1919
- Carter v. CarterHawaii Supreme Court · 1902