Legal Opinion

Burnham v. Norton

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 37 opinions

Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNett, Circuit Judge. Action against defendant John W. Norton for an accounting of his doings as executor of the last will and testament of Thomas H. Hills, deceased, and to have property inventoried by him as executor of the last will and testament of Jane A. Hills, deceased, and by her bequeathed by such will to her sister, adjudged a part of the estate of Thomas H. Hills, and to belong to plaintiff,…

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Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNett, Circuit Judge. Action against defendant John W. Norton for an accounting of his doings as executor of the last will and testament of Thomas H. Hills, deceased, and to have property inventoried by him as executor of the last will and testament of Jane A. Hills, deceased, and by her bequeathed by such will to her sister, adjudged a part of the estate of Thomas H. Hills, and to belong to plaintiff, Maury N. Burnham, and the heirs of Polena A. Hills, deceased, under his will. Norton, by answer and by his counsel on the…

1Opinion of the CourtMarshall, J.

Of numerous exceptions taken to the findings of fact and conclusions of law, and errors assigned, none, in our judgment, require discussion in this opinion except those presenting the following questions, viz.: (1) Did the court err in exercising jurisdiction in this action ? (2) Ought appellant to have been allowed the $50 paid Jane A. Hills August 10,1891, and $100 paid December 1,1891 ? (3) Did the court, in stating the account, fail to allow appellant the payments made in 1886 and 1887, aggregating $469, in accordance with the findings of fact ? (4) Ought appellant to *12baye been charged…

2Cases cited5 opinions

  1. Meyer v. GarthwaiteWisconsin Supreme Court · 1896
  2. Catlin v. WheelerWisconsin Supreme Court · 1880
  3. Tryon v. FarnsworthWisconsin Supreme Court · 1872
  4. In re Guardianship of KleinWisconsin Supreme Court · 1897
  5. Batchelder v. BatchelderWisconsin Supreme Court · 1866

3Cited by37 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Ludington v. PattonWisconsin Supreme Court · 1901
  3. Becker v. ChesterWisconsin Supreme Court · 1902
  4. Lindemann v. RuskWisconsin Supreme Court · 1905
  5. Cawker v. DreutzerWisconsin Supreme Court · 1928

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