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William Arthur WIEDBRAUK

Male 1887 - 1950  (62 years)


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  • Name William Arthur WIEDBRAUK 
    Born 30 November 1887  Curran,Alcona Co.,MI Find all individuals with events at this location  [1, 2
    Gender Male 
    Census 1900  Mitchell Twp.,Alcona Co.,MI Find all individuals with events at this location  [3
    Military Service 29 April 1918  Harrisville,Alcona Co,MI Find all individuals with events at this location  [1
    U.S. Army - WWI 
    Census 1930  Mitchell Twp.,Alcona Co.,MI Find all individuals with events at this location 
    Education Curran,Alcona Co.,MI Find all individuals with events at this location  [1
    Curran Grade School 
    Buried August 1950  Curran Cemetery,Curran,Alcona Co.,MI Find all individuals with events at this location  [2, 4
    Died 25 August 1950  Alpena,Alpena Co.,MI Find all individuals with events at this location  [1, 2
    Cause: Heart Ailment 
    Notes 
    • From Walter Wiedbrauk/Ann McCreery's Records:
      William Arthur Wiedbrauk was drafted into the US Army on April 29, 1918. He saw action during World War 1 in the St. Michiel Drive in 1918 and on the Verdun front. He was wounded and listed as missing in action for six months. He received the purple heart and was honorably discharged February 25, 1919.

      As a single man William stayed on the farm and looked after his parents with their promise that he would inherit the farm. His father died on Jan. 27, 1936 and his mother died March 18, 1936. He soon learned that he had to defend his property rights in court when 3 of his siblings and 2 nephews filed a protest that was finally settled by the Michigan Supreme Court. The record from the Supreme Court of Michigan was as follows:

      STATE OF MICHIGAN JANUARY 73 TERM SUPREME COURT
      1938

      ___________________________ FILED APRIL. 4, 1938


      JOSEPH WIEDBRAUK, WINNIE ROTH, LENA LaFORGE, CLARK WIEDBRAUK and LESTER
      WIEDBRAUK, Plaintiffs-Appellants,

      V.

      WILLIAM A. WIEDBRAUK, Defendant-Appellee.

      _________________________________

      BEFORE THE ENTIRE BENCH.

      BUSHNELL.,J.

      The only questions presented in this appeal are whether a deed to a
      certain farm in Alcona County was delivered to defendant William A.
      Wiedbrauk by his deceased mother, Eliza Jane Wiedbrauk, during her
      lifetime, and whether defendant exercised undue influence in securing the deed. These questions are presented by plaintiffs, who are heirs at law (children and grandchildren) of the decedent.

      The circuit judge stated in his opinion that defendant's testimony as to the circumstances surrounding the execution of the deed was not available by reason of the statute relating to testimony of survivors (3 Comp. Laws 1929, 14219) and that determination of the case rested principally upon the testimony of Henry K. Gustin, a lawyer, who had known Mrs. Wiedbrauk and her deceased husband for many years. Gustin said that, at the request of Mr. Wiedbrauk, he conferred with the latter and Mrs. Wiedbrauk in 1935, at which time title to the farm was held by them by the entireties. They told him that their son, defendant William Wiedbrauk, had lived with them a long time and when they were gone they wanted him to have the farm. Following Wiedbrauk's death, Gustin said that the widow asked him to come
      to the farm to see her. When Gustin called, she explained to him that she wanted William to have the farm and he advised her that she could either make a will or give her son a deed reserving a life estate. Mrs. Wiedbrauk left the decision to Gustin, who returned to his office in Alpena, where he drew the deed in question. He testified that later he again called at the farm, where he made several minor changes suggested by Mrs. Wiedbrauk, and that she then executed the deed. The deed was thereupon given to William in the presence of Mrs. Wiedbrauk, and William was told by Gustin to have it recorded the next time he went to Harrisville.

      Much of this testimony was corroborated by Bert Truax, who had accompanied Gustin to the farm for the purpose of acting as a witness.



      Defendant William Wiedbrauk testified that the deed was returned to Mrs. Wiedbrauk and it appears that it was not recorded until six days after her
      death.

      If the testimony of Gustin and Truax states the correct version of the circumstances surrounding the transaction in question, there is no doubt but that an inter vivos transfer was intended and consummated by Mrs. Wiedbrauk. This is apparently conceded by appellants, who claim, however, that defendant made certain declarations after the grantor's death which
      indicated that, contrary to the testimony of Gustin and Truax, he knew nothing about the transfer until after his mother's death. This was denied by defendant. The trial judge was of the opinion that Wiedbrauk had made these statements substantially as claimed by appellants, but said:

      "I think it is also true that the reason he made them was not because they were true, but because he expected that there would be less resentment or hard feelings among other members of the family if they could be induced to believe that deceased had executed the deed without defendant knowing anything about it or having anything to do with it; not being aware that he was thereby 'jumping from the frying pan into the fire " by raising the issue of delivery."

      The trial judge concluded that there had been an effective delivery of the deed. The question of delivery as presented by this record is one of fact, and we are in accord with the trial judge's conclusion that an effective delivery had been made to the defendant. This being true, the fact that the deed was handed back to the grantor could not nullify a delivery already completed. Hall V. Dobbin, 119 Mich 106, and Blackford V. Olmstead, 140 Mich. 583.

      There is no evidence whatever in the record to sustain the charge of undue influence.

      DEATH: He died at Alpena Hospital.
    Person ID I2398  Marcia Shears
    Last Modified 8 January 2006 

    Father William Henry WIEDBRAUK,   b. 18 August 1852, Vesbro Brunswick,Germany Find all individuals with events at this location,   d. 27 January 1936, Mitchell Twp.,Curran,Alcona Co.,MI Find all individuals with events at this location  (Age 83 years) 
    Mother Eliza Jane FULLERTON,   b. 16 July 1865, Cayuga,Cayuga Co.,NY Find all individuals with events at this location,   d. 18 March 1936, Mitchell Twp.,Alcona Co.,MI Find all individuals with events at this location  (Age 70 years) 
    Married 4 April 1882  Bowling Green,Wood Co.,OH Find all individuals with events at this location 
    Family ID F995  Family Group Sheet  |  Family Chart

    Family/Spouse Beatrice Ruth GRIFFIN,   b. 14 May 1896, Bellevue,Eaton Co,MI Find all individuals with events at this location,   d. 25 January 1982, Lansing,Ingham Co,MI Find all individuals with events at this location  (Age 85 years) 
    Married 15 November 1937  Alpena,Alpena Co.,MI Find all individuals with events at this location 
    Notes 
    • Walter Wiedbrauk's records say they were married in Alpena, MI. [1]
    Children 
    +1. Patricia Ann WIEDBRAUK,   b. 10 March 1939, Alpena,Alpena Co.,MI Find all individuals with events at this location,   d. 28 June 2003, Lansing,Ingham Co.,MI Find all individuals with events at this location  (Age 64 years)
    Family ID F1014  Family Group Sheet  |  Family Chart

  • Sources 
    1. [S1362] WIEDBRAUK William Arthur Obituary 1950, (Publ: Alcona County Review, Harrisville, MI; 31 Aug 1950, Page 1).

    2. [S1556] WIEDBRAUK William A. Cemetery Marker 1950.

    3. [S1124] 1900 US Federal Census - WIEDBROCK Wm and Eliza Family, (Mitchell, Alcona Co., MI, Lines 1-8, Image 1 of 2 ).

    4. [S1327] Curran Cemetery, Alcona Co., MI Location.


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