Hoffman v. Krueger (In re Salzwedel's Estate)

• Decision Date: 04 May 1920
• Citation: 177 N.W. 586,171 Wis. 441
• Parties: IN RE SALZWEDEL'S ESTATE. HOFFMAN v. KRUEGER ET AL. KRUEGER ET AL. v. HOFFMAN ET AL.
• Court: Wisconsin Supreme Court

171 Wis. 441

177 N.W. 586

IN RE SALZWEDEL'S ESTATE. HOFFMAN

v.KRUEGER ET AL.

KRUEGER ET AL.

v.HOFFMAN ET AL.

Supreme Court of Wisconsin.

May 4, 1920.

Appeal from Circuit Court, Marquette County; Bryon B. Park, Judge.

Proceedings on consolidated claims by the estate of Julius Salzwedel, Anna Salzwedel Hoffman, administratrix, against Melvina Krueger, administratrix of Henrietta Salzwedel, deceased, and another, and by Melvina Krueger, administratrix of Henrietta Salzwedel, against Anna Salzwedel Hoffman, administratrix of Julius Salzwedel deceased. From a judgment granting insufficient relief, Anna Salzwedel Hoffman, administratrix, appeals. Affirmed.

Gottlieb Salzwedel and Henrietta Salzwedel were the parents of Julius Salzwedel, August Salzwedel, and Melvina Krueger. On May 13, 1913, the parents conveyed to Julius a farm consisting of 120 acres of land of the value of $5,000, and on the same day Henrietta signed the following writing:

“For and in consideration of one dollar and other valuable consideration, I, Gottlieb Salzwedel, of the town of Mecan, Wisconsin, do hereby sell, transfer and set over to Julius Salzwedel all our personal property which we may possess at our death.”

This writing was not signed by Gottlieb. In 1904 they had conveyed to Julius another farm of 157 acres, worth $6,000, located about a mile and a half from the 120-acre farm conveyed on May 13th. It appears that the parents continued to reside on the 120-acre farm. Julius resided on the 157-acre farm and worked the 120-acre farm on shares until the death of Gottlieb, a few years after the execution of the said deed and bill of sale, when Julius and his family moved to the 120-acre farm and lived thereon with Henrietta.

On September 13, 1917, Julius and Henrietta were injured in an automobile accident, and both died on that day; Henrietta surviving Julius by a few hours. At the time of her death, Henrietta owned certain farm machinery, live stock and farm produce situated on the 120-acre farm, $48 in cash, one certificate of deposit for $500 in the First National Bank at Princeton, Wis., “payable to the order of self or in case of death pay to her sons August or Julius,” another certificate of deposit for $400 in the same bank, “payable to the order of self or her sons August or Julius.” Upon the reverse side of such certificate of deposit there was stamped the following:

“The money herein deposited is owned jointly by the persons named and is subject to the order of either. The balance at the death of either to belong to the survivor.”

There were also two instruments evidencing indebtedness from Julius to Henrietta. These instruments read as follows: “April 16, 1918. Julius has one hundred dollars borrowed from mother.” (This memorandum was in the handwriting of Julius, but was not signed.) “August 13, 1917. Julius has four hundred dollars borrowed from mother.” Signed: Julius Salzwedel, Anna Salzwedel.

Letters of administration were issued on the estates of Julius and Henrietta, respectively. The administratrix of the estate of Henrietta filed a claim against the estate of Julius for the indebtedness evidenced by the above memorandums. The administratrix of the estate of Julius filed a claim against the estate of Henrietta for her entire estate, praying for a judgment assigning to the estate of Julius Salzwedel, deceased, the entire estate of said Henrietta Salzwedel, deceased. The county court allowed the claim of the estate of Julius against the estate of Henrietta, in full, and disallowed the claim of the estate of Henrietta against the estate of Julius. Appeal was taken to the circuit court, where the respective claims were consolidated and tried as one matter. The circuit court rendered judgment allowing the claim of the estate of Henrietta against the estate of Julius for the amount of the indebtedness as evidenced by the memorandums above set forth and for $48 in cash, and disallowing the entire claim of Julius against the estate of Henrietta, except for the farm machinery, live stock, and personal property, which was awarded to the estate of Julius. From the judgment so entered, the administratrix of the estate of Julius appeals.D. W. McNamara and A. B. Hull, both of Montello, for appellants.

Philip Lehner, of Princeton, for respondents.

OWEN, J. (after stating the facts as above).

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 sufficient 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 imperfectly attempt to evidence an agreement between Gottlieb, Henrietta, and Julius Salzwedel, by which the latter agreed in consideration of the present transfer to him of the 120 acres of land, and at the death of his parents all the personal property then on said farm, to care for his parents and in some measure to provide for them. That this agreement was in the nature of what is commonly called a ‘bread contract,’ especially in what Julius promised to do by way of care...