Legal Opinion

Quinn v. Quinn

Wisconsin Supreme Court

Decided January 29, 1907PublishedCited by 8 opinions

Appeal from a judgment of tbe circuit court for Dodge county: Jakes J. Dice, Circuit Judge. Action by beirs to set aside a deed executed by Richard Quinn, now deceased intestate, to the appellant, his son, on October 31, 1903, in consideration of one dollar and a bond secured by mortgage, on the part of appellant that he would support the grantor, according to certain details, including medical attendance, and, within one year after the grantor’s death, would pay $200 to the…

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Appeal from a judgment of tbe circuit court for Dodge county: Jakes J. Dice, Circuit Judge. Action by beirs to set aside a deed executed by Richard Quinn, now deceased intestate, to the appellant, his son, on October 31, 1903, in consideration of one dollar and a bond secured by mortgage, on the part of appellant that he would support the grantor, according to certain details, including medical attendance, and, within one year after the grantor’s death, would pay $200 to the pastor of the grantor’s church, and provide proper burial; the deed being attacked on the ground both of mental…

1Opinion of the CourtDodge, J.

If either of the findings of the trial .court that Richard Quinn was mentally incompetent to execute the deed, or that his execution thereof was procured by undue influence of the appellant, is sustained, of course the judgment setting aside that deed is correct. We might have difficulty in reaching concurrence with the first of these findings, but, inasmuch as we have concluded that the latter cannot be reversed, we shall find it unnecessary to discuss any other question upon that branch of the case.

In this, as in so many others of this class of cases, there is no direct proof of the…

2Cases cited3 opinions

  1. Martin v. . HillenNew York Court of Appeals · 1894
  2. Winn v. ItzelWisconsin Supreme Court · 1905
  3. Vance v. DavisWisconsin Supreme Court · 1903

3Cited by8 opinions

  1. Kuehn v. KuehnWisconsin Supreme Court · 1960
  2. Schlichting v. SchlichtingWisconsin Supreme Court · 1961
  3. Estate of LarsenWisconsin Supreme Court · 1959
  4. Bomke v. RaaschWisconsin Supreme Court · 1939
  5. Glojek v. GlojekWisconsin Supreme Court · 1948

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