Appeal of Schæffner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The will of the testator was duly admitted to probate by the county court, and letters testamentary were issued to the person named therein as executor. Afterwards the executor filed his account of the administration of the estate of his testator.
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APPEAL from the Circuit Court for Walworth County. The will of the testator was duly admitted to probate by the county court, and letters testamentary were issued to the person named therein as executor. Afterwards the executor filed his account of the administration of the estate of his testator. He also represented to the court that disputes had arisen among the legatees concerning the proper construction of tire will and the distribution and disposition of the estate, and prayed the court to construe the will and determine the respective interests of the parties entitled to the estate.…
1Opinion of the CourtLvorr, J.
The whole case concerning the proper construction of the will and the rights of the several persons interested under it, is discussed in the briefs of counsel. Some of the questions involved are important. But during the progress of the argument at the bar, and after consultation, we informed-counsel that in our opinion the only questions presented by this appeal for determination are, whether the county court had jurisdiction, and, if so, whether the order construing the will was made prematurely. We have no doubt the view then taken is correct, and that it would be improper to decide the…
2Cases cited3 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- Morgan v. HammettWisconsin Supreme Court · 1868
3Cited by24 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Faught v. FaughtIndiana Supreme Court · 1884
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Williams v. MilesNebraska Supreme Court · 1902
- Andersen v. AndersenNebraska Supreme Court · 1903
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