Doyle v. Fischer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for She-boygan county: Michael KirwaN, Circuit Judge. During their lifetime Garret Doyle and Bridget Doyle, his wife, lived on a farm in Sheboygan county. On October 10, 1899, they had five children. Two, Mary Fischer (née Doyle) and Margaret Ogle (née Doyle), were married and living with their husbands.
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Appeal from a judgment of the circuit court for She-boygan county: Michael KirwaN, Circuit Judge. During their lifetime Garret Doyle and Bridget Doyle, his wife, lived on a farm in Sheboygan county. On October 10, 1899, they had five children. Two, Mary Fischer (née Doyle) and Margaret Ogle (née Doyle), were married and living with their husbands. The others, Elisabeth, James, and Garret, were then unmarried and were living with their parents on their farm, and their, ages were then, respectively, forty-two-, thirty-seven, and twenty-five years. The parents owned 230 acres of land. One…
1Opinion of the CourtOwen, J.
The principal question of law involved upon this appeal may be stated thus: Where an agreement is entered into by two persons, and especially by husband and wife, to make mutual and reciprocal wills disposing of their separate estates pursuant to their mutual agreement, and where mutual and reciprocal wills are made' in accordance with that agreement, and where, after the death of one of the agreeing parties, the other takes under the will and accepts the benefits of said agreement, equity will enforce specific performance of said oral agreement and prevent the perpetration of fraud which…
2Cases cited15 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Frazier v. PattersonIllinois Supreme Court · 1909
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Baker v. SyfrittSupreme Court of Iowa · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Chayka v. SantiniWisconsin Supreme Court · 1970
- Patterson v. JensenWisconsin Supreme Court · 1944
- Church of Christ Home for Aged, Inc. v. Nashville Trust Co.Tennessee Supreme Court · 1947
- Estate of Emmet Awtry, Deceased, Nellie Awtry v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1955
- O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
55 more not listed; retrieve them via the Exa API.