Biron v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The cause was before this court on former appeals, and is reported in 71 Wis. 477. This is the consolidated action, in •which the plaintiffs are George S. Biron, Mary Laura Biron., and Francis Biron, and the defendants were Walter A. Scott, as trustee of the estate of Thos. B. Scott, deceased, and John Edwards. The defendant Edwards having died, the executors of his will have been substituted as defendants in his place.
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APPEAL from the Circuit Court for Monroe County. The cause was before this court on former appeals, and is reported in 71 Wis. 477. This is the consolidated action, in •which the plaintiffs are George S. Biron, Mary Laura Biron., and Francis Biron, and the defendants were Walter A. Scott, as trustee of the estate of Thos. B. Scott, deceased, and John Edwards. The defendant Edwards having died, the executors of his will have been substituted as defendants in his place. The complaint is substantially the same as in the several actions consolidated, and prays judgment against the defendants…
1Opinion of the CourtCole, C. J.
The demurrer to the fifth defense raises the question whether the plaintiffs’ action is barred because the claim was not presented to the county court as a claim against the estate of Thomas B. Scott. On that point I have had considerable doubt, and I am still not as clear in my own mind as I would like to be after all the examination I have been able to give the case. I am, however, inclined to the opinion, on the facts, that the demurrer was well taken as to that defense.
It appears that the time for presenting claims against the estate of Thomas B. Scott expired on the 7th of June, 1887.…
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