Nelson v. Clongland
Wisconsin Supreme Court
ERROR to the Circuit Court for Ozaulcee County. Abraham Nelson applied to the county court for probate of a nuncupative will, alleged to Rave been made by Lars Nelson. The petition showed that Neil Glongland was the father and heir at law of the deceased. On the hearing, the probate was denied.
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ERROR to the Circuit Court for Ozaulcee County. Abraham Nelson applied to the county court for probate of a nuncupative will, alleged to Rave been made by Lars Nelson. The petition showed that Neil Glongland was the father and heir at law of the deceased. On the hearing, the probate was denied. The notice of appeal to the circuit court was directed to the judge of the county court and “all whom it may [might] concern,” and stated the following as the reason for the appeal: “ The evidence given before said judge upon the hearing for the probate, &c., proved the due execution of said will and…
1Opinion of the Court
By the Oourt,
Oole, J.
We are not able to understand upon what ground the appeal in this case was dismissed. Abraham Nelson is a legatee under the provisions of the nun-cupative will mentioned in his petition to the county court. It is likewise stated in that petition who is the heir at law of the deceased, and of course whose interests were adverse to those claiming under the will. If the will was not admitted to probate, the estate, under our statute, descended to the father. The father, then, was the party adversely interested in the estate. He was the obligee in the appeal bond. It was made…
2Cited by3 opinions
- Kasson v. Estate of BrockerWisconsin Supreme Court · 1879
- Thompson v. ThompsonWisconsin Supreme Court · 1869
- Ellis v. Barron CountyWisconsin Supreme Court · 1901