Estate of O'Neill
Wisconsin Supreme Court
Appeal from an order of tire circuit court for Milwaukee •county: D. H. John sou, Circuit Judge. This is an appeal from an order of the circuit court for Milwaukee county which reversed an order made by the ■county court of Milwaukee county in the above matter. Edward O’Neill died testate at Milwaukee, March 28,1890, leaving a large estate and no descendants. The will was admitted to probate, and the estate was administered and settled.
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Appeal from an order of tire circuit court for Milwaukee •county: D. H. John sou, Circuit Judge. This is an appeal from an order of the circuit court for Milwaukee county which reversed an order made by the ■county court of Milwaukee county in the above matter. Edward O’Neill died testate at Milwaukee, March 28,1890, leaving a large estate and no descendants. The will was admitted to probate, and the estate was administered and settled. On May 27, 1892, the county court made a final •order or judgment assigning the residue of the estate to the persons appearing to be entitled thereto. The…
1Opinion of the CourtNewman, J.
The county court has power, in furtherance of justice, upon petition, to set aside or revoke an order or judgment of distribution which has been procured by fraud. *485In re Fisher, 15 Wis. 511, 521. The only limitation upon this power is that such revocation cannot disturb rights which have become confirmed by the statute of limitations. Betts v. Shotton, 27 Wis. 667; Estate of Leavens, 65 Wis. 440.
It is urged that the petitioners are pursuing the wrong remedy. That they should, instead, have moved the circuit court to allow an appeal from the judgment of distribution. Perhaps that proceeding…
2Cases cited7 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Appeal of SchæffnerWisconsin Supreme Court · 1876
- Estate of LeavensWisconsin Supreme Court · 1886
- Jones v. RobertsWisconsin Supreme Court · 1893
- In re the Estate of FisherWisconsin Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of StaabWisconsin Supreme Court · 1918
- Flatley v. StateWisconsin Supreme Court · 1974
- Guardianship of ReeveWisconsin Supreme Court · 1922
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Pugh v. FowlieWisconsin Supreme Court · 1937
9 more not listed; retrieve them via the Exa API.