Milwaukee Catholic Home for the Aged v. Hoffman

In substance, the judgment appealed from assigned the estate according to the record as it stood at the time of the December, 1962, hearing and at the time distribution was made; and declined to enforce the Home’s claim under the 1957 “assignment” because the assets were no longer in the possession of the administratrix and she had distributed them without notice of the Home’s claim. Determination of the Home’s rights, if any, to the assets was left to such actions as the Home might bring against the distributees.

The Home considers that the document executed by Mrs. Thorp in 1957 is an…