Will of Harker
Wisconsin Supreme Court
Appeal from an order of the county court of La Fayette county: J. B. Simpson, Judge. Construction of will. John W. Harker died testate February 8, 1916, and was at the time of his death a resident of Council Hill, Jo Daviess county, Illinois.
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Appeal from an order of the county court of La Fayette county: J. B. Simpson, Judge. Construction of will. John W. Harker died testate February 8, 1916, and was at the time of his death a resident of Council Hill, Jo Daviess county, Illinois. His will was duly admitted to probate in the county court of Jo Daviess county on March 17, 1916. The will created a •certain trust for the benefit of an incompetent son, and George Kirkpatrick and Curtis Harker, the trustees named in the will, duly qualified and accepted the trust. The inventory showed a small amount of personal property, lands in North…
1Opinion of the CourtRosenberry, J.
It is contended by the appellants, and we think correctly so, that the county court was in error in attempting to construe the will in question. It is contended that the court had no jurisdiction to enter the order construing the will. No doubt the court had jurisdiction in the broad and comprehensive sense in which that term is generally used. The construction of the will was an erroneous exercise of the court’s power rather than an act done wholly beyond and without its power. Harrigan v. Gilchrist, 121 Wis. 127, at p. 227, 99 N. W. 909.
No doubt the court had under the statute the power to…
2Cases cited5 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Ford v. FordWisconsin Supreme Court · 1887
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- Emery v. BatchelderMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Will of EatonWisconsin Supreme Court · 1925
- Estate of HanreddyWisconsin Supreme Court · 1922
- Hebblewhite v. ScottWisconsin Supreme Court · 1938