Estate of Schæffner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The executor of the will of Carl Schseffner having appealed to the circuit court for Milwaukee county, from an order of the county court construing the will of Carl Schseffner and determining the rights of the parties interested under it, Edward Schmffner, upon an affidavit of prejudice of the circuit judge, obtained a change of venue to the circuit court for Walworth county.
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APPEAL from the Circuit Court for Washington County. The executor of the will of Carl Schseffner having appealed to the circuit court for Milwaukee county, from an order of the county court construing the will of Carl Schseffner and determining the rights of the parties interested under it, Edward Schmffner, upon an affidavit of prejudice of the circuit judge, obtained a change of venue to the circuit court for Walworth county. That court held that the time for construing the will had not arrived, and reversed the order of the county court; but, on appeal to this court, it was held that when…
1Opinion of the CourtCole, J.
The administration of this small estate seems to have given rise to a great deal of unnecessary litigation and expense. It is now a matter of sincere regret that the cause is not in a position to enable us to put a construction upon the will and stop further contention over it. But it is not. When the case was here on a • former appeal (41 Wis., 260), we decided that the time for construing the will had arrived,' and that it was the duty of the ciucuit court to proceed on the appeal from the order of the county court, and construe the will. The cause was remitted to the circuit court for that…
2Cases cited3 opinions
- Appeal of SchæffnerWisconsin Supreme Court · 1876
- Montgomery v. Town of SoottWisconsin Supreme Court · 1873
- Heiss v. MurpheyWisconsin Supreme Court · 1877
3Cited by7 opinions
- Faught v. FaughtIndiana Supreme Court · 1884
- Jones v. RobertsWisconsin Supreme Court · 1893
- Williams v. WilliamsWisconsin Supreme Court · 1908
- Baker v. BakerWisconsin Supreme Court · 1883
- Triba v. LassWisconsin Supreme Court · 1911
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