Adelheid Silbernagel v. John J

This is an action brought to determine adverse claims. The plaintiff claims ownership of the Northeast Quarter of Section Twenty-three (NE 1/4 Sec 23) Township One Hundred Thirty-three (133), North, Range Seventy-three (73) West of the 5th P.M. by virtue of a deed from her mother, Margaretha Silbernagel. The defendants are the brothers and sisters of the plaintiff and the administrator of Margaretha Silbernagel's estate. Seven of the defendants answer and allege that the deed under which plaintiff claims was never delivered but that it was merely a testamentary writing and invalid; that the land in question is a part of their mother's estate and that each of the parties as her heirs are the owners of an undivided one-twelfth share or interest in said land. Five of the defendants defaulted. The trial court found for the plaintiff and quieted title in her. The answering defendants appeal and demand a trial de novo. It appears from the evidence that Margaretha Silbernagel was a widow with twelve living children. That her husband died in 1926; that she was the owner of considerable land in Township One Hundred Thirty-three, North, of Range Seventy-three west. From 1926 until 1935 Margaretha, Peter, a crippled son, and Adelheid, a daughter, the plaintiff in this action, lived on the farm. Plaintiff was of age at the time. Adam, a son, assisted them until 1928. All of the other children had married and left the farm. In 1935 Margaretha, Adelheid and Peter moved to Napoleon where Margaretha bought a house for $650.00 in which they lived and which she afterwards, in 1937, deeded to plaintiff. Peter died in 1939. The plaintiff lived with her mother until her mother died in October 1950. She took in sewing and at times worked away from home. Plaintiff claims to have used the money she earned for the support of her mother. On Dec. 8, 1947, Margaretha was declared incompetent and placed under guardianship. During the last two years plaintiff was allowed from $85.00 to $100.00 per month out of guardianship funds with which to run the house and buy provisions and clothes. For the last three years she took entire care of her mother. The mother, Margaretha, died intestate.