Tryon v. Farnsworth
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bodge county. In November, 1862, one Josiab A. Tryon died at tbe county of Eond du Lac, intestate, leaving no issue, or father or mother, but leaving surviving him Ellen A. Tryon, his widow, two brothers, of whom the plaintiff is one, and seventeen nephews and nieces, seven of whom are children of a deceased brother, and the remainder of whom are the children of a deceased sister of the said Josiah A. Tryon.
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APPEAL from tbe Circuit Court for Bodge county. In November, 1862, one Josiab A. Tryon died at tbe county of Eond du Lac, intestate, leaving no issue, or father or mother, but leaving surviving him Ellen A. Tryon, his widow, two brothers, of whom the plaintiff is one, and seventeen nephews and nieces, seven of whom are children of a deceased brother, and the remainder of whom are the children of a deceased sister of the said Josiah A. Tryon. The administrator of the estate of Josiah A. Tryon, applied to the county court of Eond du Lac county, and obtained leave to sell the real estate of the…
1Opinion of the CourtLyON, J.
Tbe record shows that personal property of the estate of Josiah A. Tryon came into the bands of the administrator of that estate, and although it is not expressly made to appear that the proceeds thereof were applied in payment of the debts against the estate, the contrary does not appear; and inasmuch as the statutes (Tayl. Sts., 1221, § 6), provides that *580“thepersonal estate of the deceased wbicb shall come into the bands of the executor or administrator, shall be first chargeable with the payment of the debts and expenses, we must presume that the administrator and the county court did…
2Cases cited1 opinion
- Howe v. McGivernWisconsin Supreme Court · 1870
3Cited by16 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Burnham v. NortonWisconsin Supreme Court · 1898
- Will of Robinson v. RobinsonWisconsin Supreme Court · 1935
- Hawley v. TeschWisconsin Supreme Court · 1888
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