Legal Opinion

Powers v. Powers

Wisconsin Supreme Court

Decided April 5, 1911PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Columbia -county: Chestee A. Eowlee, Circuit Judge. The appeal is from a judgment refusing to admit to probate a will of Patrick Powers, deceased, alleged to have been lost.

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Appeal from a judgment of the circuit court for Columbia -county: Chestee A. Eowlee, Circuit Judge. The appeal is from a judgment refusing to admit to probate a will of Patrick Powers, deceased, alleged to have been lost. The trial court found as facts: “1. That Patrick Powers, a resident of the town of Elba, IDodge county, Wisconsin, died at said town on January 24, 1908, owning estate to be administered therein; that be was-a bachelor, about seventy-five years of age, and had long resided in said town; that he left surviving his next of kin and' heirs at law three brothers and two sisters,…

1Opinion of the CourtViNJE, J.

At the threshold of the case we are met with the contention of the respondents that the appellant has no appealable interest and therefore her appeal to the circuit court should have been dismissed, as should be the appeal to this court. The grounds upon which such contention is based are that the right of appeal is governed by sec. 4031, Stats. (1898), as amended by ch. 593, Laws of 1907, providing that “any executor, administrator, guardian, trustee or any person aggrieved by any order, judgment, decree, determination or denial of the county court may appeal therefrom to the circuit court;”…

2Cases cited4 opinions

  1. Sanborn v. CarpenterWisconsin Supreme Court · 1909
  2. Amory v. AmoryWisconsin Supreme Court · 1870
  3. Larson v. OisefosWisconsin Supreme Court · 1903
  4. In re Guardianship of McLaughlinWisconsin Supreme Court · 1899

3Cited by7 opinions

  1. Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
  2. Tierney v. LacenskiCourt of Appeals of Wisconsin · 1983
  3. In Re Fidelity Assurance Ass'nWisconsin Supreme Court · 1945
  4. Hughes v. VeltenWisconsin Supreme Court · 1942
  5. Bryngelson v. State Board of ControlWisconsin Supreme Court · 1941

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