Appeal of Mullins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Michael Mullms presented tbe will of Patrick Mullins, deceased, to tbe county court of said county, for probate; and tbe will was contested b j John Mullins, a son of tbe deceased. While tbe matter was pending in tbe county court, Michael Mullms was appointed special administrator of tbe estate.
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APPEAL from tbe Circuit Court for Manitowoc County. Michael Mullms presented tbe will of Patrick Mullins, deceased, to tbe county court of said county, for probate; and tbe will was contested b j John Mullins, a son of tbe deceased. While tbe matter was pending in tbe county court, Michael Mullms was appointed special administrator of tbe estate. The will having been subsequently admitted to probate, Jolm Mullins served a notice of appeal to tbe circuit court, directed to tbe county court and to Michael Mullins as special administrator; and also filed an appeal bond running to “William…
1Opinion of the CourtRyan, C. J.
I. Probably, in any case, the special adminis*156trator should be considered as the adverse party, to whom, in circumstances like these, the appeal bond should run. He is, for the time being, the only representative of the estate. If the appeal succeed, the estate would bear the costs. If the appeal fail, it seems that the estate should recover the costs. Here, however, the special administrator is also the proponent of the will and the executor named in it. There appears no room for doubt that he is the adverse party to whom the appeal bond should run.
II. The insertion of the name William…
2Cases cited2 opinions
- Davis v. JuddWisconsin Supreme Court · 1860
- Russell v. MonsonSupreme Court of Connecticut · 1866
3Cited by1 opinion
- Kasson v. Estate of BrockerWisconsin Supreme Court · 1879