Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1918-01-10
Interesting Suit Over a DefectiveIy
Executed Instrument, Several
Thousand Dollars Being Involved
JUDGMENT IS DISMISSED
In ANOTHER CASE
Resident Sentenced and Placed in
Charge Of the State Board Of
Control for Present

Judge E. Ray Stevens OF Madison
was in Baraboo on Wednesday ana
while here disposed of a number Oh
cases in the circuit court.
The most important case was the
validating and establishing OF de-
fectiyely executed instrument, several
thousand dollars being lvolved. The
circumstances surrounding the case III
part are as follows:
Mr. and Mrs. Franz Schneider knew
each other in Germany and after the
death Of their wife and husband re-
spectively, they were married in this
country Before their marriage here
in 1907 they each had four children.
The next year after they were married
they pooled their interests and pur-
chased the Templin farm of about 100
acres in the town Of Freedom They
imnroyed the farm and in 1914 sold it
to Paul Drescher. Mr.. Drescher paid
$4,000 and a mortgage Of $1,000 was
given. The couple came to Baraboo in
1914 and here Mr.. Schneider died on
February 20, 1917.
On Wednesday the court validated
and established a defectively executed
instrument that the plaintiff and her
deceased husband attempted to make
on September 4, 1911, whereby Mrs.
Schneider's husband was to give his
nropertv to his wife during life, sub
iect to the sum of $4,000 payable at
his death to his children, who are IN
Germany. The contract further pro
vided that Mrs Schneider's children
bv a former marriage should receive
lhe remainder upon her death. AS the
court decided the $4,000 will be paid
and in due time the children Of Mrs.
Schneider will receive the remainder
of the estate, their share being about
$1,000. Her sons and daughters are
Peter and Michael Rettgen, North
Freedom; Miss Margaret Rettgen and
Mrs. Elizabeth Kramer, Germany.
It was necessary to institute legal
proceedings to establish the contract
because the instrument was neither
sealed nor acknowledged and had but
one witness. Under the Judgment OF
he contract, Mrs. Schneider establish
es her right to the property as she
wished it to be. Attorney V. II. Cady
appeared for Mrs. Schneider.
If there had been no written agree
nent and the estate was in the name
IF the husband the wife would have
lad the use of it during life and at
Ter death it would have passed to his
children. In case the estate was
owned jointly, at her death it would
}e divided equally amongst all the
children.
Foreclosure Granted
Aaron Teel was granted judgment
If foreclosure in the case against Mrs.
Julia E. Kirby. AS an incident to the
Judgment of foreclosure the court or
Tered, on Mr.. Teels complaint, that
Judgment held by DR.. E. e. Lusk, for
uerly of BaraboO and now at Mis-
ouri Valley, Ia against the property,
le Cancelled as a lien on the home
tead. The cancelling of the Judgment
gainst the property is something that
not usually done and will be inter
sting to those who hold judgments.
If course the claim is still against
Irs. Kirby, but not against the prop
rty. The homestead is on First avenue
Baraboo and is worth something
Ike $500 The claim Of Mr.. Teel is
the shadow of $500 Mrs. Kirby is
ow in Illinois. Mr.. Teel was repre-
led in the case by V. T. Cady.
Sentenced and ParoIed
Mr. and Mrs. John Hemberger were
lvorced on June 5, 1917, in Baraboo
nd it was decided in court the hus
and was to pay attorneys fees of $75
nd $40 month, dating from the pre-
ious April, for the support of his
rife and the little daughter, aged five
ears. Soon after Hemberger left
,araboo, going west. He returned las
october and agreed to bring forth
ONE money, paying $3.50 on the $20(
hat was then awaiting payment. Be
ore Judge E. Ray Stevens on Wed
esday he was cited for failure to pay