Legal Opinion

In re the Estate of Fitzgerald

Wisconsin Supreme Court

Decided May 31, 1883PublishedCited by 5 opinions

APPEAL from the Circuit Court for Milwaukee County. The appellants, Ellen Burt — formerly Fitzgerald — and Sarah Fitzgerald, and the deceased wife of the appellant Charles E. Crain, to wit, Mary Crain, formerly Eitzgerald, were the only surviving children and heirs at law of John Eitzgerald at the time of his decease, which occurred in 1855. His widow also survived him.

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APPEAL from the Circuit Court for Milwaukee County. The appellants, Ellen Burt — formerly Fitzgerald — and Sarah Fitzgerald, and the deceased wife of the appellant Charles E. Crain, to wit, Mary Crain, formerly Eitzgerald, were the only surviving children and heirs at law of John Eitzgerald at the time of his decease, which occurred in 1855. His widow also survived him. Eitzgerald was a resident of Milwaukee county, and owned eighty acres of land in that county at the.time of his death. He died intestate. His daughter Mary was then eleven, Sarah seven, and Ellen five years old. The history of…

1Opinion of the CourtLyoN, J.

The account of the administrator with the estate of John Fitzgerald, as stated by the court, consists of a large number of items, to the allowance of most of which no exceptions were taken by the appellants. Many of those not excepted to are charges by the administrator for moneys advanced by him for the education, support, and maintenance of the three minor children of John Fitzgerald from 1861 to 1868. No guardian was ever .appointed for either of them, and the advances were chiefly made to the eldest daughter, Mary, who seems to have kept the children together and to have had the care of…

2Cited by5 opinions

  1. In re Valentine's WillWisconsin Supreme Court · 1896
  2. Will of Leonard v. IngramWisconsin Supreme Court · 1930
  3. Davis v. Swedish-American National BankSupreme Court of Minnesota · 1899
  4. Mann v. EvertsWisconsin Supreme Court · 1885
  5. Mackin v. HobbsWisconsin Supreme Court · 1905

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