O'Dell v. Rogers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaul&ee County. Galutia O’Dell died at Milwaukee, in this state, April 26, 1870. The plaintiff Oelestia A. O'Dell is his widow, and the plaintiffs George W. O'Dell, Zeruiah A. Reynolds and Emma A. JELewitt, and the defendant Mary G. Brewer, are his children and heirs; and • the defendant Erederiek Brewer is the husband of said Mcvry O. Brewer.
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APPEAL from the Circuit Court for Milwaul&ee County. Galutia O’Dell died at Milwaukee, in this state, April 26, 1870. The plaintiff Oelestia A. O'Dell is his widow, and the plaintiffs George W. O'Dell, Zeruiah A. Reynolds and Emma A. JELewitt, and the defendant Mary G. Brewer, are his children and heirs; and • the defendant Erederiek Brewer is the husband of said Mcvry O. Brewer. Emma A. Hewitt did not become twenty-one years of age until October 17,1873. At and since the time of her father’s death, she was and has been a married woman, and a resident of the state of Minnesota, by the…
1Opinion of the CourtObtoN, J.
The publication of notice of the time and place of proving the will of Galutia O’Dell was clearly insufficient. The statute, sec. 18, ch. 97, R. S., provides, that the county court shall appoint a time and place for proving a will, “when *168all concerned may appear and contest the probate ” thereof, and “ shall cause public notice thereof to be given by personal service on all persons interested, or by publication, under au order of such court, in such newspaper printed in this state as the judge shall direct, three weeks successively previous to the time appointed; and no will shall be proved…
2Cases cited13 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Rape v. HeatonWisconsin Supreme Court · 1859
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
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3Cited by34 opinions
- Frame v. PlumbWisconsin Supreme Court · 1909
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Hutson v. JensonWisconsin Supreme Court · 1901
- Johnson v. EricksonNebraska Supreme Court · 1923
- O'Dell v. BurnhamWisconsin Supreme Court · 1884
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