Huebschmann v. Cotzhausen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Chas. Y. BardeeN, Judge. This is a proceeding to set aside an order assigning real estate, made by the county court of Milwaukee county, January 3, 1885. The facts shown upon the trial before the circuit court were substantially as follows: John Hess died April 30,1870, seized of certain lands in the city of Milwaukee.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Chas. Y. BardeeN, Judge. This is a proceeding to set aside an order assigning real estate, made by the county court of Milwaukee county, January 3, 1885. The facts shown upon the trial before the circuit court were substantially as follows: John Hess died April 30,1870, seized of certain lands in the city of Milwaukee. He left a will whereby he gave to his wife, Kegina, all his personal estate absolutely, and his real estate for a term of twenty-five years after his death, at the end of which time his real estate was devised,…
1Opinion of the CourtWiNslow, J.
If the circuit court was right in its conclusions to the effect that the county court had jurisdiction to make the order of January 3,1885, and that fraud in the obtaining of that order was not proven, then this judgment must be affirmed. That the court was right in both conclusions is quite clear to our minds. When a person dies leaving real and personal estate disposed of by will, the county court of the county where the testator resides has jurisdiction to entertain proceedings for the probate of that will, and for the due and orderly settlement of the estate which *249passes thereby, and,…
2Cited by4 opinions
- Scott v. RossWisconsin Supreme Court · 1923
- Hall v. HallWisconsin Supreme Court · 1898
- Huebschmann v. CotzhausenWisconsin Supreme Court · 1900
- Will of DurkeeWisconsin Supreme Court · 1916