Legal Opinion

Austin v. Saveland's Estate

Wisconsin Supreme Court

Decided May 20, 1890PublishedCited by 16 opinions

APPEAL from tbe Circuit Court for J[ilwcmkee County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : A short time prior to December 7, 1880, Zacbariab Save-land died testate. His will was admitted to probate on that day, and tbe executors named therein were thereupon appointed as such, and qualified.

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APPEAL from tbe Circuit Court for J[ilwcmkee County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : A short time prior to December 7, 1880, Zacbariab Save-land died testate. His will was admitted to probate on that day, and tbe executors named therein were thereupon appointed as such, and qualified. December 7, 1880, it was ordered by tbe county court, in effect, that all claims and demands of all persons against said deceased be received, examined, and adjusted before said county court; that six months from and after tbe said date thereof were thereby allowed and…

1Opinion of the CourtCassodat, J.

It is claimed by the learned counsel for the plaintiff that the order made by the county court December 1, 1880, limiting the time for creditors to present their *112claims against said estate to six months from the date thereof, was inoperative as a limitation by reason of the failure therein to “appoint convenient times and places when and where the court ” would “ receive, examine, and adjust such claims,” as indicated in sec. 3839, R. S.; and Brill v. Ide's Estate, 75 Wis. 113, is relied upon in support of such contention. In that case the order made by the county court not only failed to…

2Cases cited8 opinions

  1. Mann v. EvertsWisconsin Supreme Court · 1885
  2. Administrator of Sargent's Estate v. Administrator of Kimball's EstateSupreme Court of Vermont · 1864
  3. Carpenter v. MurpheyWisconsin Supreme Court · 1883
  4. Foster v. SingerWisconsin Supreme Court · 1887
  5. Ernst v. NauWisconsin Supreme Court · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Barry v. MinahanWisconsin Supreme Court · 1906
  2. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  3. South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
  4. State ex rel. Crucible Steel Casting Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1925
  5. Fields v. Estate of MundyWisconsin Supreme Court · 1900

11 more not listed; retrieve them via the Exa API.

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