Legal Opinion

Burden v. Blakey

Wisconsin Supreme Court

Decided February 23, 1906PublishedCited by 3 opinions

/Appeal from an order of the circuit court for Racine county: E. B. BeldeN, Circuit Judge. Appeal from a judgment of the circuit court for Racine county: WabreN D. TarraNT, Judge.

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/Appeal from an order of the circuit court for Racine county: E. B. BeldeN, Circuit Judge. Appeal from a judgment of the circuit court for Racine county: WabreN D. TarraNT, Judge. It appears from tbe record and is undisputed that Henry Box, of Evanston, in Cook county, Illinois, died September 12, 1903, leaving a will executed about a month before, in and by which he gave, devised, and bequeathed all of his property, real, personal, and mixed, to James H. Dale, of Yorkville, Wisconsin, and James Ilibben, of Evanston, aforesaid, in trust as joint tenants and not as tenants in common, for the…

1Opinion of the CourtCassoday, C. J.

1. The notice of appeal to the circuit court from the order, judgment, and determination of the-county court made November 17, 1903, admitting,the will to-probate and issuing letters testamentary thereon to Dale, was filed with the county court on or about January 11, 1904,. and hence within sixty days after the rendition of such judgment, as prescribed in the statute. Sec. 4031, Stats. 1898. That section declares that such appeal may be taken by filing-such notice within sixty days, “together with such undertaking as is required in the next section.” Sec. 4032, Stats. 1898. In this case an…

2Cases cited9 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. St. Clair v. CoxSupreme Court of the United States · 1882
  3. Overby v. GordonSupreme Court of the United States · 1900
  4. Robertson v. PickrellSupreme Court of the United States · 1883
  5. Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873

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3Cited by3 opinions

  1. Zahorka v. GeithWisconsin Supreme Court · 1906
  2. Halfhill v. MalickWisconsin Supreme Court · 1911
  3. Roemer v. SchmidtWisconsin Supreme Court · 1907

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