Legal Opinion

Estate of Flanagan v. Estate of Flanagan

Wisconsin Supreme Court

Decided June 25, 1919PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Fond du Lac county: ChesterA. Fowler, Circuit Judge. The appeal "is from a judgment affirming an allowance made by the county court of Fond du Lac county. This action was brought by Margaret Flanagan, Sr., to secure payment of claims against her husband’s estate. Recovery is sought on a note of $3,000, with interest, and the sum of $1,000, with interest, which she claims to have loaned to her husband, John Flanagan, deceased.

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Appeal from a judgment of the circuit court for Fond du Lac county: ChesterA. Fowler, Circuit Judge. The appeal "is from a judgment affirming an allowance made by the county court of Fond du Lac county. This action was brought by Margaret Flanagan, Sr., to secure payment of claims against her husband’s estate. Recovery is sought on a note of $3,000, with interest, and the sum of $1,000, with interest, which she claims to have loaned to her husband, John Flanagan, deceased. Margaret Flanagan, Sr., died after filing the claim and before the trial of this action. At the time of the trial in…

1Opinion of the CourtSiebecker, J.

It is urged that the evidence adduced does not sustain the following findings of the jury: (1) that Patrick Hoey, father of Margaret Flanagan, Sr., made her a gift of the $3,000 note executed by John Flanagan in his lifetime to evidence a loan made to him by Patrick Hoey in February, 1878, and which was secured by a mortgage on the farm owned by John Flanagan at the time the note was given; (2) that John Flanagan borrowed from his wife, Margaret, the $1,000 she inherited from her brother, Thomas Hoey; and (3) that John Flanagan agreed,to repay this sum to his wife, and did not repay her…

2Cases cited3 opinions

  1. Brader v. BraderWisconsin Supreme Court · 1901
  2. Charmley v. CharmleyWisconsin Supreme Court · 1905
  3. Enwright v. GriffithWisconsin Supreme Court · 1919

3Cited by3 opinions

  1. Warren v. SchaweCourt of Appeals of Texas · 1942
  2. Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
  3. Brundage v. TowersWisconsin Supreme Court · 1925

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