Payne v. Meisser
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sauk county: E. Ray Stevens, Circuit Judge. The complaint in substance alleges that one Charles Payne was the owner of certain lands situated in section 10, township 10 north, range 6 east, in Sauk county, Wisconsin,-and that under and pursuant to' the provisions of his last will and testament, which upon his death was duly admitted to probate, he devised a life estate in said real estate to one William H. Payne upon condition…
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Appeal from an order of the circuit court for Sauk county: E. Ray Stevens, Circuit Judge. The complaint in substance alleges that one Charles Payne was the owner of certain lands situated in section 10, township 10 north, range 6 east, in Sauk county, Wisconsin,-and that under and pursuant to' the provisions of his last will and testament, which upon his death was duly admitted to probate, he devised a life estate in said real estate to one William H. Payne upon condition that he keep the buildings and fences thereon in good repair, build new fences when necessary, pay all taxes of every kind…
1Opinion of the CourtDoerfler, J.
Under the first ground of the demurrer it is claimed by the defendants’ counsel that the liability for waste committed does not survive against the estate of the deceased life tenant and therefore cannot be maintained against his personal representatives.
The provisions of sec. 4253 of the Statutes are decisive in determining the proposition adversely to such contention. Sec. 4253, among other things, provides:
“In addition to the actions which survive at common law the following shall also survive: . . . Actions for all damages done to the property rights or interests of another, . . . -for…
2Cases cited18 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Mason v. City of AshlandWisconsin Supreme Court · 1898
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3Cited by9 opinions
- Holzworth v. StateWisconsin Supreme Court · 1941
- Holzhauer v. ZartnerWisconsin Supreme Court · 1924
- Mesar v. Southern Surety Co.Wisconsin Supreme Court · 1929
- De Brue v. FrankWisconsin Supreme Court · 1933
- Gerlach v. ThiemWisconsin Supreme Court · 1973
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