Legal Opinion

Union National Bank of Oshkosh v. Hicks

Wisconsin Supreme Court

Decided November 3, 1886PublishedCited by 11 opinions

APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by-Mr. Justice Cassoday: R. P. Eighme, the defendant’s intestate, died in the fall of 1883. At the time of his death he held a certificate of deposit of $100 against said bank, and also had a credit for a cash deposit in said bank of $91.11, both of which came into the hands of the administrator.

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APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by-Mr. Justice Cassoday: R. P. Eighme, the defendant’s intestate, died in the fall of 1883. At the time of his death he held a certificate of deposit of $100 against said bank, and also had a credit for a cash deposit in said bank of $91.11, both of which came into the hands of the administrator. At the time of his death, S. ML Hay & Bro. held a note against said deceased, executed January 3, 1876, due six months after date, given for $300, with interest at the rate of ten per cent, per annum…

1Opinion of the CourtCassoday, J.

Upon the death of a person his property, not exempt, at once becomes “ chargeable . . . with the payment of all his . . . debts,” whether he dies testate or intestate. Secs. 2270, 2277,2281, R. S. If he leaves a will, then, subject to the payment of .his debts, the rights of parties under it become vested immediately upon his death. Scott v. West, 63 Wis. 552; Newman v. Waterman, 63 Wis. 616. If he dies intestate, his personal property, not exempt, must be applied and distributed in the manner and in the order prescribed by statute. Sec. 3935, R. S. Out of such personal estate certain…

2Cases cited11 opinions

  1. Scott v. WestWisconsin Supreme Court · 1885
  2. Mead v. Merritt & PeckNew York Court of Chancery · 1831
  3. Hei v. HellerWisconsin Supreme Court · 1881
  4. Newman v. WatermanWisconsin Supreme Court · 1885
  5. McLaughlin v. WinnerWisconsin Supreme Court · 1885

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Jones v. PieningWisconsin Supreme Court · 1893
  2. Oatman v. Batavian BankWisconsin Supreme Court · 1890
  3. Estate of MolayWisconsin Supreme Court · 1970
  4. Zimdars v. ZimdarsWisconsin Supreme Court · 1940
  5. Johnston v. HumphreyWisconsin Supreme Court · 1895

6 more not listed; retrieve them via the Exa API.

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