Will of Durkee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. This is an appeal from a judgment dismissing an appeal from an order of the county court granting letters of administration de bonis non. The facts are that Charles Durkee died testate in Utah in 1810. His will was probated in the county court of Kenosha county, Wisconsin, it being alleged in the petition for probate that Durkee was a resident of said county.
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Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. This is an appeal from a judgment dismissing an appeal from an order of the county court granting letters of administration de bonis non. The facts are that Charles Durkee died testate in Utah in 1810. His will was probated in the county court of Kenosha county, Wisconsin, it being alleged in the petition for probate that Durkee was a resident of said county. There is no claim of any defect in these proceedings. Harvey Durkee and Eranklin H. Head were named as executors in the will, but Durkee…
1Opinion of the CourtWiNsnow, C. J.
We do not find it necessary to decide whether the word “administrator” in sec. 4031, Stats., includes an administrator appointed under the laws of another state. This may admit of doubt. In any event, however, the foreign administrator here is in no respect injured by the dismissal of his appeal. This results because, (1) when a person dies testate, primary jurisdiction to probate his will and grant letters testamentary vests in the county court of the testator’s residence at his death (Will of Hess, 97 Wis. 244, 72 N. W. 638; 18 Cyc. 67); (2) it was necessarily decided by the Kenosha county…
2Cases cited3 opinions
- Huebschmann v. CotzhausenWisconsin Supreme Court · 1897
- Huebschmann v. CotzhausenWisconsin Supreme Court · 1900
- City of Milwaukee v. PlathWisconsin Supreme Court · 1914
3Cited by3 opinions
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- Rosick v. MoreyWisconsin Supreme Court · 1956
- Jadin v. SimonWisconsin Supreme Court · 1928