Golder v. Littlejohn
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for "Walworth County. The executors of the estate of William Potts (whose will was admitted to probate in said county) having deceased, and an administrator de bonis non having been appointed, he brought this action, in the name of the county judge, and by his permission (R. S. ch. 104, §§ 4-7), against Littlejohn as one of the sureties on the executors’ bond, for alleged breaches of the conditions thereof, in that the executors did not make a…
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APPEAL from tbe Circuit Court for "Walworth County. The executors of the estate of William Potts (whose will was admitted to probate in said county) having deceased, and an administrator de bonis non having been appointed, he brought this action, in the name of the county judge, and by his permission (R. S. ch. 104, §§ 4-7), against Littlejohn as one of the sureties on the executors’ bond, for alleged breaches of the conditions thereof, in that the executors did not make a true and perfect inventory, did not administer the estate according to law and the will, and did not render an account of…
1Opinion of the CourtDrxoN, C. J.
In tbis case we have not been favored with any brief or argument by counsel for tbe defendant, and are therefore not possessed of tbeir views. ¥e bave examined the case upon tbe brief and authorities of plaintiff’s counsel, and are satisfied that tbe court below erred in sustaining tbe demurrer. Tbe provisions of tbe statute in regard to tbe prosecution of probate bonds are full and explicit; and, as counsel say, no further authority is required to show that tbis action is instituted in conformity to law, than is found in sections 6, 7 and 12, chap. 104, R. S. Section 6 provides, that in all…
2Cases cited3 opinions
- Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
- Carow v. MowattNew York Court of Chancery · 1833
- Stronach v. StronachWisconsin Supreme Court · 1865
3Cited by1 opinion
- Golder v. LittlejohnWisconsin Supreme Court · 1872