171 Wis. 441 | Wis. | 1920
The rights of the parties depend upon the effect to be accorded the so-called bill of sale executed May 13, 1913. Appellant claims that it is efficient to vest in the estate of Julius (he having predeceased Henrietta) all the right, title, and interest of Henrietta in and to all personal property of which she died seized, including money and choses in action. The”trial court found that the deed and bill of sale executed May 13, 1913, “are writings which very
Appellant strenuously contends that this finding is not supported by the evidence. Respondent combats this contention and urges further -that the bill of sale does not pretend to be a transfer in prcesenti, but purports only to vest title in Julius after the death of Gottlieb and Henrietta;-that it is testamentary in character and void because'not executed as a testamentary document. While we may say, in pass
So far as the claim of the estate of Henrietta against the estate of Julius is concerned, there is no contention that the memorandum, mentioned in the statement of facts, upon which the claim is founded, does not represent an indebtedness from Julius to Henrietta, but it is claimed that it passed to Julius by virtue of the bill of sale, which, as we have seen, was of no effect. The claim in favor of the estate of Henrietta against the estate of Julius, therefore, was properly allowed.
It is suggested in appellant’s brief that even if the bill of sale is void, nevertheless the court found that there was a sufficient consideration therefor,'by virtue of the agreement on the part of Julius to support the parents so long as they lived, to constitute a basis for the claim filed against the estate of Henrietta, under authority of such cases as Ellis v. Cary, 74 Wis. 176, 42 N. W. 252; Martin v. Estate of Martin, 108 Wis. 284, 84 N. W. 439; and Loper v.
By the judgment of the circuit court it was adjudged “that the certificates of deposit for the sum Of $400 and $500, respectively, belong to August Salzwedel, and are hereby ordered to be delivered to him.'” Appellant contends that this was error; that the certificates of deposit belonged to Henrietta at the time of her death and that there had never been any delivery thereof so as to vest August with title thereto prior to the death of Henrietta, and refers to the case of Dupont v. Jonet, 165 Wis. 554, 560, 162 N. W. 664. It must be admitted that there is grave doubt concerning the correctness of this disposition of the certificates of deposit. But that question is not presented by this appeal. The only question presented by the appeal of the administratrix of the estate of Julius is whether the court erred in holding that the estate of Julius had no title to these certificates. The appeal does not present the question of whether the certificates belong to August. The party adversely affected by that decision is the administratrix of the estate of Henrietta, and she has not appealed. The question, therefore, is not before us for review.
By the Court. — Judgment affirmed.