Kleinschmidt v. Kleinschmidt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. Sometime prior to January 14, 1915, one Frederick Klein-schmidt died testate, leaving among his heirs three Sons, Fred E., Albert H., and Edward Kleinschmidt.
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Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. Sometime prior to January 14, 1915, one Frederick Klein-schmidt died testate, leaving among his heirs three Sons, Fred E., Albert H., and Edward Kleinschmidt. By the terms of his will, which was dated on or about December 14, 1911, his son Edward was bequeathed $5. After the death of Frederick Kleinschmidt and as his will was about to be offered for probate, the son Edward, being dissatisfied with the provisions of the will and threatening to contest the probate thereof, entered into an agreement…
1Opinion of the CourtOwen, J.
The validity of the agreement between the Kleinschmidt brothers, upon which the claim here under consideration is based, has not been questioned. In view of the decision of this court in Estate of Staab, 166 Wis. 587, 166 N. W. 826, with reference to agreements between interested parties looking to the suppression of will contests, it would be unfortunate if, by our silence, it might be inferred that the agreement mentioned was regarded as a valid and bind*453ing contract by this court. Whether it he a valid agreement is not considered, for the reason that the question has not been raised by the…
2Cases cited8 opinions
- Estate of StaabWisconsin Supreme Court · 1918
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Austin v. Saveland's EstateWisconsin Supreme Court · 1890
- Estate of Ryan: Merton v. PufferWisconsin Supreme Court · 1914
- Logan v. DixonWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- New York Life Insurance v. Estate of LathersWisconsin Supreme Court · 1934
- Luikart v. QuinnNebraska Supreme Court · 1940