Wheeler v. Hartshorn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to obtain judicial construction of certain clauses in the will of the plaintiffs testator. In May, 1874, Eicbard Catlin, late of tbe county of Pond du Lac, died, leaving bis last will and testament, wbicb was duly admitted to probate by tbe proper court in July following. Tbe plaintiffs are named therein as executors, and bave duly qualified and entered upon tbe discharge of their duties as such.
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APPEAL from the Circuit Court for Fond du Lao County. Action to obtain judicial construction of certain clauses in the will of the plaintiffs testator. In May, 1874, Eicbard Catlin, late of tbe county of Pond du Lac, died, leaving bis last will and testament, wbicb was duly admitted to probate by tbe proper court in July following. Tbe plaintiffs are named therein as executors, and bave duly qualified and entered upon tbe discharge of their duties as such. Tbe testator, at tbe time of bis decease, was tbe owner of thirty-seven hundred acres of land in Pierce and St. Croix counties in this…
1Opinion of the CourtLyon, J.
I. When this cause was called for argument, it was made to appear that the notice of appeal had only been served on the plaintiffs and the clerk of the proper court, and not upon the residuary legatees, and in behalf of the latter the hearing of the cause was objected to, because they had not been served with such notice. The objection was overruled, ore terms, and the cause was argued at the bar by the counsel of the residuary legatees, with great learning and ability. It is now deemed proper to state briefly the grounds upon which such objection was overruled.
While an action brought by an…
2Cases cited6 opinions
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Hiscock v. PhelpsNew York Supreme Court · 1869
- Cotes v. CarrollNew York Supreme Court · 1865
- Potter v. BakerNew York Court of Chancery · 1834
- Starr v. LightWisconsin Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- In re the Probate of the Will of BrownSupreme Court of Minnesota · 1884
- McIlhattan v. KolmanWisconsin Supreme Court · 1929
- Petersen v. Estate of LoewenbachWisconsin Supreme Court · 1936
- Wheeler v. CatlinWisconsin Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.