82 Wis. 235 | Wis. | 1892
The findings of fact mentioned in the foregoing statement are fully sustained by the evidence. The deed from Carl and Elizabeth Mueller, and John E. W. Muéller and wife to Koenemann, and the deed from Koene-mann and wife back to John F. W. Mueller, and the bond or declaration of trust of John F. W. Mueller back to Carl and Elizabeth Mueller, each and all related to the same subject matter and were executed substantially at the same time, to wit, April 25, 1860, and for the same common purpose, and must, therefore, in determining the character of the transaction and the intention of the parties, be construed together as constituting one paper in law. Herbst v. Lowe, 65 Wis. 320; Winner v. Hoyt, 66 Wis. 234; Joy v. St. Louis, 138 U. S. 38. So construed, it is very obvious that said John F. W. Mueller took such title to the lands in question under an agreement thát the said Carl and Elizabeth should have the use, rents, and profits thereof during their lives, respectively, and that he should hold the same in trust, for the benefit of the children of the said Carl and Elizabeth Mueller, except Charles Gr., who had previously received his portion of his father’s estate. This express exception of the one repels any implied intention of excluding any of the other children of Carl and Elizabeth. Counsel for the plaintiffs frankly concede that both Carl and Elizabeth intended that the plaintiff Louise Hannig should be named in the bond, and for a long time be
By the Cowrt.— The judgment of the superior court of Milwaukee county is affirmed.