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Estate Nellie E. Kemmerer v. Goldie Ecke

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eBook details

  • Title: Estate Nellie E. Kemmerer v. Goldie Ecke
  • Author : Supreme Court of Wisconsin
  • Release Date : January 01, 1962
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

The judgment appealed from allowed the claim of Mrs. Goldie Ecke against the estate of her sister Nellie E. Kemmerer, a/k/a
Helen Kemmerer, based upon a joint savings account. At the trial it was stipulated the money when deposited in the joint savings
account belonged to the deceased, the present amount of the account was $3346.40, the deceased on July 28, 1958, executed
a power of attorney to her son Kenneth Kemmerer, and on December 8, 1958, two days prior to the death of the deceased, the
son withdrew the money from the Beloit Savings Bank and deposited it in the checking account of the deceased in the First
National Bank of Janesville. It is undisputed in the evidence that on July 6, 1955, the deceased, who was then eighty-one years of age and lived alone
on a farm in Rock county, Wisconsin, went to the Beloit Savings Bank with her sister Mrs. Goldie Ecke, the claimant, and closed
out an account in the name of the deceased and her late husband. A new account was opened in the name of Mrs. Helen Kemmerer
or Mrs. Goldie Ecke. The possession of the passbook was given to Mrs. Ecke who retained it until after the death of the deceased.
On July 29, 1957, Helen Kemmerer executed a will whereby she bequeathed $1,000 to Mrs. Ecke and another sister Violet Missner,
and the remainder of her estate to her two sons Kenneth S. Kemmerer and Arthur R. Kemmerer equally. On July 28, 1958, Nellie
E. Kemmerer executed a power of attorney to her son Kenneth who, on December 8, 1958, withdrew the money from the joint savings
account under this power of attorney. Two days later Mrs. Kemmerer died and her will was probated. In this proceeding, Mrs.
Goldie Ecke filed her claim for the amount of the joint savings account.


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