Cutler v. Howard
Wisconsin Supreme Court
APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was an application by the respondent to the county court of Dane county, in Probate, praying for the removal of the. appellant from his office and trust of executor of the last will and testament of Mary P. H. Cutler, deceased.
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APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was an application by the respondent to the county court of Dane county, in Probate, praying for the removal of the. appellant from his office and trust of executor of the last will and testament of Mary P. H. Cutler, deceased. The petition of Henry D. B. Cutler, who had been appoint-pointed by the court guardian of the infant child of said deceased, on behalf of said child represented; that Sarah Louise is named as a legatee in the last will and testament of Mary P. H. Cutler, deceased; that on the proof of the will it was ordered by the court…
1Opinion of the Court
*311By the Court,
Dixon, C. J.
This case presents but a single question for our consideration, and because its determination in one way would in effect destroy the right of every citizen making a will to select according to his own judgment the person whom he would have execute it, and to whom he would commit the management of his affairs, and the interests of his family after his decease, it becomes one of vast importance. It turns upon the meaning of the word “ may/’ as used in § 9, of chapter 98 of the Revised Statutes. Did the legislature intend by it to give the county courts a discretion in…
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