Legal Opinion

Darling v. Mattoon State Bank

Wisconsin Supreme Court

Decided February 9, 1926PublishedCited by 2 opinions

1Opinion of the CourtVinje, C. J.

The facts show that Mrs. Chase made an arrangement whereby she retained dominion and control of the certificate during life. She died retaining title to it, so there was no gift inter vivos. Her attempt to dispose of it after death fails because not in accordance with the statute relating to wills. The case falls under the principle announced in Warsco v. Oshkosh Sav. & T. Co. 183 Wis. 156, 196 N. W. 829, and is ruled by it.

If a person could lawfully direct payment of debts after death out of property owned by him at the time of death it would result in an annulment of the law of wills and…

2Cases cited1 opinion

  1. Warsco v. Oshkosh Savings & Trust Co.Wisconsin Supreme Court · 1924

3Cited by2 opinions

  1. Department of Taxation v. BerryWisconsin Supreme Court · 1951
  2. Estate of TollefsonWisconsin Supreme Court · 1929

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