Foote v. Foote
Wisconsin Supreme Court
Appeal from an order and a judgment of the circuit court for Grant county: Geojíge Clemeittsoh', Circuit Judge. This is an appeal from a judgment' of the circuit court affirming a judgment of the county court of Grant county directing the payment of the debts proven against the estate out of the proceeds of the sale of the homestead of the deceased.
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Appeal from an order and a judgment of the circuit court for Grant county: Geojíge Clemeittsoh', Circuit Judge. This is an appeal from a judgment' of the circuit court affirming a judgment of the county court of Grant county directing the payment of the debts proven against the estate out of the proceeds of the sale of the homestead of the deceased. It appeared by the record returned by the county court to the circuit court that the testator, David Foote, died in July, 1904, leaving a will which was subsequently duly probated,, by which he gave to his widow the “full control” of his estate…
1Opinion of the Court
AViNslow, O. J.
A motion on the part of the appellant to extend the time for settlement of a bill of exceptions and for leave to file exceptions to the findings was denied by the circuit court and an appeal is taken from that order as well as *182from the judgment. In the view which we have taken of the case it becomes unnecessary to decide whether this order should have been made or not, and we pass the question.
In our judgment the question whether the proceeds of the homestead may rightfully be used to pay the debts of the estate is squarely presented by the record. By that record it appears as…
2Cases cited8 opinions
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- In re Albiston's EstateWisconsin Supreme Court · 1903
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