Maxwell v. Sawyer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: A. Scott Sloau, Circuit Judge. This is a proceeding begun in the county court of Dodge county by petition of Angelina M. Maxwell for construction of the will of ’William L. Maxwell, deceased. Angelina M. Maxwell was the wife of the deceased up to the 9th day of December, 1884, when a judgment of absolute divorce was rendered in an action brought by William L. Maxwell.
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Appeal from a judgment of the circuit court for Dodge county: A. Scott Sloau, Circuit Judge. This is a proceeding begun in the county court of Dodge county by petition of Angelina M. Maxwell for construction of the will of ’William L. Maxwell, deceased. Angelina M. Maxwell was the wife of the deceased up to the 9th day of December, 1884, when a judgment of absolute divorce was rendered in an action brought by William L. Maxwell. This judgment contained the following provisions on the subject of alimony: “It is further adjudged that the plaintiff forthwith pay to the attorney for the…
1Opinion of the CourtWinslow, J.
It is very clear that the allowance made to the wife by the decree of divorce was alimony pure and simple. It is so denominated in the judgment. It consists of an allotment of sums payable at regular intervals from year to year, and it is not declared to be a division of the estate; hence it must be construed as alimony. Blake v. Blake, 68 Wis. 303. The general principle is well established, also, that alimony continues only during the joint lives of the parties. It ends when the husband dies. Campbell v. Campbell, 37 Wis. 206, see p. 216, and cases there cited; 2 Bish. Mar., Div. & Sep. §…
2Cases cited2 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Blake v. BlakeWisconsin Supreme Court · 1887
3Cited by13 opinions
- Lally v. LallyWisconsin Supreme Court · 1913
- Von Trott v. Von TrottWisconsin Supreme Court · 1903
- Rice v. AndrewsNew York Supreme Court · 1926
- Brenger v. BrengerWisconsin Supreme Court · 1910
- Littig v. LittigWisconsin Supreme Court · 1938
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