Marx v. Rowlands
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Taylor: ' “ This is an appeal from an order of the circuit court of Waukesha county, allowing the respondent to appeal from the order and judgment of the county court of said county admitting to probate the last will and testament of Elizabeth J. Jones, deceased.
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APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Taylor: ' “ This is an appeal from an order of the circuit court of Waukesha county, allowing the respondent to appeal from the order and judgment of the county court of said county admitting to probate the last will and testament of Elizabeth J. Jones, deceased. The order appealed from was made' under the provisions of sec. 4035, R. S. 1878. The petition" upon which the order was granted states in substance the following facts: That Elizabeth J. Jones died in said county of Waukesha, January 28, 1882;…
1Opinion of the CourtTaylor, J.
The learned counsel for the appellant argues that Joseph Marx, the son of the insane heir at law of the deceased testator, had no authority to petition for leave for his insane mother to appeal from the probate of said will. It is not denied that if Margaret Marx had been sane she could have petitioned for the order, and if she excused her delay in not appealing within the sixty days allowed by sec. 4031, R, S., the court could, in its discretion, have allowed *113her to appeal. The learned counsel seems to argue the case as though Joseph was making the petition on his own bé-hali, and not on…
2Cited by10 opinions
- Sanborn v. CarpenterWisconsin Supreme Court · 1909
- Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
- Price v. WilliamsCourt of Appeals for the D.C. Circuit · 1968
- In Re PacaCourt of Appeals of Maryland · 1922
- In re Guardianship of McLaughlinWisconsin Supreme Court · 1899
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