Thomas v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This was a proceeding in the county court of Grant county to vacate and set aside the settlement and final order of distribution of the estate of James Thomas, deceased, to his widow, Susan J. Thomas, on the ground that1 she was never his lawful wife and had fraudulently procured an assignment of said estate to her. The petitioners are the brothers and sisters of said James Thomas, deceased, and his sole heirs at law.
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APPEAL from the Circuit Court for Grant County. This was a proceeding in the county court of Grant county to vacate and set aside the settlement and final order of distribution of the estate of James Thomas, deceased, to his widow, Susan J. Thomas, on the ground that1 she was never his lawful wife and had fraudulently procured an assignment of said estate to her. The petitioners are the brothers and sisters of said James Thomas, deceased, and his sole heirs at law. The petition states substantially that James Thomas died July 18, 1883, intestate, without issue or parent, leaving an estate in…
1Opinion of the CourtWiNsjlow, J.
We do not deem it necessary to decide whether the circuit court was right in determining that the Ohio judgment of divorce was valid and binding. We are satisfied that the judgment in this proceeding was right and must be affirmed, for the reason that the final judgment of distribution of the estate made by the county court of G-rant county was conclusive and cannot be set .aside on the facts shown in evidence. The power of the county court to vacate a final order shown to have been procured by fraud is well settled in this state. Estate of Leavens, 65 Wis. 440. Such a proceeding is in the…
2Cases cited5 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Stowell v. EldredWisconsin Supreme Court · 1870
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
- Estate of LeavensWisconsin Supreme Court · 1886
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
3Cited by4 opinions
- Wolf v. FoxWisconsin Supreme Court · 1922
- Scheer v. UlrichWisconsin Supreme Court · 1907
- Carlson v. MacCormickWisconsin Supreme Court · 1922
- Weadock v. RayWisconsin Supreme Court · 1901