Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-05-27
Our Supreme Court Says il Counts
For Naught in Wis
cOnsin.
Hence all Old Couple C0mining Here
Many Years Ago Find
Grief.
llOuble With Wills-Heayy Juag
ment Against a Railroad Com
pany-Arguments.

On the y h of May, 1885, Adolph St
Sure Lindefelt and Eize Concordia Vor
Krassen were united in wedlock a.
| R0ostop, Sweden. In 1912 they found
themselves In Wisconsin; but in 1852 the
| wife returned to Sweden and fled q petit
ton fer divorce in that country. In 1855
she returned to Wisconsin and took uE
with her former lord until 1863, when he
entered the service of his country as SOL
der. At that time the woman went to
live with a man named Smith and was
said to have married him. January g.
1864, AdoIph went through the form Of
marrying Elizabeth Saline, at Cincinnati,
OHIO, and on the 81 Of ebruary, 1864, al
a meeting of the conslstory in Sweden a
decree was entered upon the petition by
EIize in 1853, diyorc;ng her from the said
Adolph. In 1863 Elizabeth died
and in 1883 AdoIph was married
to the defendant, Olive, at Port
age, Wis, March IS, 1886 Etiz8
died, and in May, 1887, Aioiph died in
testate. The administrator turned over
the property of Adolph to Olive as his
widow, and the heirs of Adolph and
E.iz9 bring this action to compel her tc
restore to the administrator the property
turned over to her. The question is
whether Olive, the defendant, was tbs
lawful wife of Adolph, and this depend;
upon the legality of the divorce decreed in
Swedan. Tue court holds that the court
of Swedan had no Jurisdiction to dis
solve the marriage relation twenty
years after they had both abandoned
that country, and six years after the
visit of Ellie TO Sweden and her return tc
| Adolph as his wife. The only ground
stated for the divorce is that Adolph had
absconded from the kingdom and haj
been, in 1874, sentenced IS a cheater. NJ
law in this country grants a divorce on
these grounds. and no such law Of Sne-
den was proved. No notice was ever
served by publication or otherwise on
, Adolph, and he never appeared in tbs
case. The divorce was therefore a nullity
and Ellie continued to be his wife, so tina
, his marriage with Olive was void. She.
! boygan has been the home of the parties
Damages Awarded.
One cold day last winter Mr.. Patry Was
| elected from a train Of the Chicago, St
Pau, Minneapolis & Omaha railway com
pany midway between Eau Claire and
Chippewa Falls for which she brought suit
for damages in a lower court for wrong
ful election. She boarded the train, hay
ing ticket issued by the Wisconsin
Central road. which she showed to tne
brakeman, and by mistake boarded the
train on defendants road. The plaintiff
could not speak or read English. She
claims to have suffered from the cold anG
that her health was permanently impair
ed. The court below gave her judgment
i of $4,000 against the railway company,
which the supreme court sustained.
VIII Cases.
By his last will and testament Johu
Williams devised $500 to George Williams
and made the same charge on certain
lands disposed of by the will. This pro
Ceeding is brought TO enforce such charge
i or lien. The defense was tn 1t it had
been paid. The trial court charged tht
jury, IN effect, THAT they might take into
consideration the presumption Of law tina
after the lapse of twenty years the claim
| had been paid" This is held error
and the judgment based on such presunlp
! ton was erroneous for the reason tina
there is no such presumption in favor of
trustee. The case is returned for furthe
proceedings.
/ Charity Allen executed her last will auc
testament at Oshkosh in 1884, by which
she gave her husband, Edward Allen, he
entire estate, and fur her, out of her ant
her husbands property q sum necessar,
for the support Of certain children unit
] they became Il years of age, according t.
an agreement between them expressed il
their wills; and further, that at her dealt
all the property that should be left tina
was hers or her husbands should be di
vlded between bis and her legal heirs, one
half to each. At the same time Edwar,
Alien executed his will in similar terms
The wife died first. Her will disposed Q
property belonging TO him and gave hin
property belonging to the testatrix. tn
court holds that this put him to his cleo
ton whether he would take unde
the will or reject the provision made 70
him by the will and stand upon his right
as they existed irrespective of the will I
he elect to take anything under the vii
he is bound by every provision of it affect
ing him or his property. His acts III pro
pounding the will for probate, qualifyin;
as executor, ETC., must be deemed as al
election to take under the will. He there
fore takes all her estate for life, less SUIT
fcient amount thereof to pay one-h4lf the
expenses of the support and education o
the children named, and he is chargea5l,
with the other half of such expenses, ant
| he holds bis own estate in trust for hi
| heirs and the heirs Ct Mrs. Allen.
| Expire S. Driver Cannot Recover.
| In tie circuit court Of Winnebagc
Timothy Droyer, brought action again