Welsh v. Manwaring
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■county: A. J. ViNje, Circuit Judge. Deceased died December 5, 1902, resident in Douglas •county, in the state of Wisconsin, leaving- as her sole heir and next of kin James A. Welsh, a half-brother, resident at Kansas City, Missouri. On December 10, 1902, a petition was ■filed by the public administrator, E. B. Manwaring, for administration, alleging certain personal property to have been left by the deceased.
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Appeal from a judgment of the circuit court for Douglas ■county: A. J. ViNje, Circuit Judge. Deceased died December 5, 1902, resident in Douglas •county, in the state of Wisconsin, leaving- as her sole heir and next of kin James A. Welsh, a half-brother, resident at Kansas City, Missouri. On December 10, 1902, a petition was ■filed by the public administrator, E. B. Manwaring, for administration, alleging certain personal property to have been left by the deceased. He was so appointed, and thereupon took possession, and on December 15th, under order of the county court, sold tbe property.…
1Opinion of the CourtDodge, J.
The right of administration, while a very valuable one, is not inherent, but statutory. It may be given or withheld in the wisdom of the legislature. Under this power *379our legislature lias provided, by sec. 3807, Stats. 1898, that-administration shall be granted first to the widow, surviving; husband, or next of kin, or to the person whom such relatives. may request to have appointed, if suitable and competent to-discharge the trust. This statute is clearly mandatory, and; in itself declares its only exceptions. Such statutes have uniformly been treated as controlling' the action of the…
2Cases cited3 opinions
- Breen v. PangbornMichigan Supreme Court · 1883
- State ex rel. Adamson v. CollierMissouri Court of Appeals · 1895
- Estate of SargentWisconsin Supreme Court · 1885
3Cited by7 opinions
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- Borner v. LarsonNorth Dakota Supreme Court · 1940
- Thompson v. JackSupreme Court of Colorado · 1932
- Bartz v. Central Wisconsin Trust Co.Wisconsin Supreme Court · 1932
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
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