Estate of Kirkendall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Mary Jane Kirkendall having died in said county August 8, 1872, under age and without having been married, and her estate having been fully administered, the probate court, in April, 1876, made an order awarding the whole of her personal property, one-half of which came to her from her deceased mother, to Mary F. Kirkendall, her paternal grandmother.
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APPEAL from the Circuit Court for Walworth County. Mary Jane Kirkendall having died in said county August 8, 1872, under age and without having been married, and her estate having been fully administered, the probate court, in April, 1876, made an order awarding the whole of her personal property, one-half of which came to her from her deceased mother, to Mary F. Kirkendall, her paternal grandmother. From this decision, P. D. Cramer and his four brothers, who were brothers of said intestate’s mother, and claimed that part of the estate which descended from the mother, appealed to the circuit…
1Opinion of the CourtLyon, J.
Mary Jane Kirkendall died under age, not having been married, leaving personal estate which came to her from the estate of her deceased mother, by due course of administration. She never had a brother or sister. Her nearest of kin surviving her was her paternal grandmother, the respondent, and her next nearest of kin were her uncles, the appellants, brothers of her deceased mother. The sole question to be determined on this appeal is, whether her estate shall be distributed to her grandmother or her uncles. The county and circuit courts resolved this question in favor of the grandmother, and…
2Cases cited5 opinions
- Ryan v. AndrewsMichigan Supreme Court · 1870
- Schuyler v. HoyleNew York Court of Chancery · 1821
- Perkins v. SimondsWisconsin Supreme Court · 1871
- Roorbach v. LordSupreme Court of Connecticut · 1822
- Jackman Will CaseWisconsin Supreme Court · 1870
3Cited by32 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Gilfether v. SmithCalifornia Supreme Court · 1901
- Amy v. AmyUtah Supreme Court · 1895
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