126 Wis. 603 | Wis. | 1906
The controlling question on this appeal is whether the findings are supported by the evidence. The ■court found, in effect, the relationship of parties; the transfer of the farm and personal property by deceased to his son Frank; that decedent reserved a life estate for himself and wife in the dwelling house upon the farm conveyed to Frank; and that the conduct of Frank caused decedent and his wife to abandon the premises in 1897; that they lived with defendant John Meyer until the spring of 1898, when they went to live with defendant John Arends, where they continued to live until the death of decedent; that defendant John Arends ■erected an addition to his dwelling house for the use of decedent and his wife; that in October, 1897, decedent made a will by which he bequeathed and devised his property to his wife, subject to the payment of a legacy of $1,000 to each of the defendants J ohn Arends and Theresia Arends; that upon the death of decedent, on application to the county court for the probate of said will, the probate thereof was denied, and a • decree entered to the effect that said John Meyer, deceased, after the making of said will, disposed of all his property by subsequent will and that the propounded will was not the last will and testament of deceased, and that deceased during 'his lifetime revoked said propounded will and died intestate. The court further found that in or about the year 1899 the decedent gave to Michael Meyer $500, to defendant John Arends $1,000, to John Meyer $1,000, and to Charles Meyer *$500, and took their notes therefor providing for the payment
If these findings are sustained by the evidence it is very clear that plaintiff failed to make a case against defendants.
Error is assigned because the court sustained an objection to the following question put to plaintiff on redirect examination : “What is the general disposition of your sister Theresia with regard to being active, exerting influence?” This was objected to as incompetent and immaterial, and the objection sustained. It was clearly immaterial what the disposition of Theresia, was with regard to exerting influence; the question was what influence, if any,- did she exercise. No error, therefore, was committed in sustaining the objection. Moreover, the exclusion of this evidence, even if admissible, could not have prejudiced the plaintiff. Bartlett v. Eau Claire Co. 112 Wis. 237, 88 N. W. 61; Herman v. Schlesinger, 114 Wis. 382, 90 N. W. 460; Kirkland v. Telling, 49 Wis. 634, 6 N. W. 361. An extended discussion of the evidence would serve no useful purpose. We are convinced that the findings are well supported by the evidence.
By the Court. — Judgment affirmed.