Filbey v. Carrier
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond dw Lao County. Spencer E. Carrier died intestate November 13, 1854, and in January following bis widow, tbe defendant, was appointed administratrix of tbe estate and duly qualified as such. The estate of tbe intestate consisted of land appraised at $2,750, and personal property appraised at $1,450. He left surviving him four young children, the issue of bis marriage with tbe defendant.
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APPEAL from tbe Circuit Court for Fond dw Lao County. Spencer E. Carrier died intestate November 13, 1854, and in January following bis widow, tbe defendant, was appointed administratrix of tbe estate and duly qualified as such. The estate of tbe intestate consisted of land appraised at $2,750, and personal property appraised at $1,450. He left surviving him four young children, the issue of bis marriage with tbe defendant. Defendant rendered two interlocutory accounts of her administration, but tbe estate was never settled in tbe probate court, and no distribution thereof has been made.…
1Opinion of the CourtLyoN, J.
In Flood v. Pilgrim, 32 Wis., 376 (which was a case very similar to this in its facts), it was found difficult to understand why an administrator was appointed. We encounter the same difficulty in this case. The title to the land of which the intestate died seized, passed at his death to his heirs; and all his personal property has been appropriated to the payment of his debts and the maintenance of his family. It is not claimed that there are any unpaid debts chargeable upon the estate, or that the estate owns any claim except that for which this action was brought. It is not claimed that…
2Cases cited2 opinions
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Flood v. PilgrimWisconsin Supreme Court · 1873
3Cited by8 opinions
- Lewon v. HeathNebraska Supreme Court · 1898
- McManany v. SheridanWisconsin Supreme Court · 1892
- Neelen v. HolzhauerWisconsin Supreme Court · 1927
- Volk v. StowellWisconsin Supreme Court · 1898
- Barlass v. BarlassWisconsin Supreme Court · 1910
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