Estate of Sargent
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The appeal is by Rodney Sargent, brother of Cyrus Sargent, deceased, from the order of the circuit court affirming the order of the county court appointing Robert C. Orr as administrator of the estate of said decedent. The facts will sufficiently appear from the opinion. They contended, inter alia, that the words “ next of kin,” in sec. 3807, R. S., mean “ nearest of kin.”
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APPEAL from the Circuit Court for Grant County. The appeal is by Rodney Sargent, brother of Cyrus Sargent, deceased, from the order of the circuit court affirming the order of the county court appointing Robert C. Orr as administrator of the estate of said decedent. The facts will sufficiently appear from the opinion. They contended, inter alia, that the words “ next of kin,” in sec. 3807, R. S., mean “ nearest of kin.” This is clear from the origin of the statute down. 3 Bac. Abridg. 480, tit. ExeoutoRS, etc.; Williams on Ex’rs, 346, 960. It was so held under 21 Henry YIII, c. 5, s. 3, which…
1Opinion of the Court
Cole, O. J.
This is a contest as to the right of administration upon an estate. It appears that Cyrus Sargent, a citizen of Grant county, died intestate in that county on the 29th clay of October, 1883, leaving a large estate of real and personal property in that county. He was unmarried, and without issue, and had no relatives at the time living in the state. Ilis only heirs at law are the appellant, a brother, and the respondent, an only surviving child of a deceased sister. These two persons take his estate in equal parts. We gather from the record that the brother lived in Essex county,…
2Cited by8 opinions
- Breen v. KehoeMichigan Supreme Court · 1905
- Schroeter v. ReimersWisconsin Supreme Court · 1943
- Bartz v. Central Wisconsin Trust Co.Wisconsin Supreme Court · 1932
- Welsh v. ManwaringWisconsin Supreme Court · 1904
- State ex rel. Burns v. RomjueMissouri Court of Appeals · 1909
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