Legal Opinion

Carpenter v. United States Fidelity & Guaranty Co.

Wisconsin Supreme Court

Decided November 15, 1904PublishedCited by 16 opinions

Appeal from a judgment of tlie circuit court for Milwaukee county: Oreest T. Williams, Circuit Judge. Action on an administrator’s bond. The issues raised by tire pleadings sufficiently appear by inference from the findings of fact, of which the following is a bri'ef summary: (1) November 25, 1897, Charles W. Stolla, residing in Milwaukee county, died testate.

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Appeal from a judgment of tlie circuit court for Milwaukee county: Oreest T. Williams, Circuit Judge. Action on an administrator’s bond. The issues raised by tire pleadings sufficiently appear by inference from the findings of fact, of which the following is a bri'ef summary: (1) November 25, 1897, Charles W. Stolla, residing in Milwaukee county, died testate. Such proceedings were duly taken that Arthur M..Kuehn March 8, 1898, was appointed administrator of his estate with the will annexed. He duly qualified as such administrator, entered upon his duties as such and continued in office until…

1Opinion of the CourtMarshall, J.

The first question to bo noticed is: Did the county court have jurisdiction to determine the amount justly allowable to the attorneys of the administrator out of the estate on account of legal services performed by them, to make the same a lien thereon and to order the lien to be extinguished by using funds for which the administrator was responsible 1

*213True, as counsel for appellant contend, tbe legal title to tbe personal property of a deceased person is vested in bis personal representative, and that expenses incurred by bim in tbe performance of bis duties are not necessarily a charge…

2Cases cited14 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  3. Harrigan v. GilchristWisconsin Supreme Court · 1904
  4. Brook v. ChappellWisconsin Supreme Court · 1874
  5. Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895

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3Cited by16 opinions

  1. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  2. Cawker v. DreutzerWisconsin Supreme Court · 1928
  3. Gow v. MauryMontana Supreme Court · 1923
  4. State ex rel. Peterson v. Circuit Court for La Crosse CountyWisconsin Supreme Court · 1922
  5. Wisdom v. WisdomWisconsin Supreme Court · 1914

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