Swarthout v. Swarthout
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: O. B. ’Wyman, Circuit Judge. Frank Willis Swarthout, deceased, disposed of his property by will as follows: “ I give, devise and bequeath unto my wife, OoraF. Sivarth-owt, all and singular my property and estate real and personal.
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Appeal from a judgment of the circuit court for Monroe county: O. B. ’Wyman, Circuit Judge. Frank Willis Swarthout, deceased, disposed of his property by will as follows: “ I give, devise and bequeath unto my wife, OoraF. Sivarth-owt, all and singular my property and estate real and personal. “ It is my wish that such property and estate above devised, or so much thereof as my said wife may be possessed of at her decease, shall go to or be by her given to our child or children, if any there be then living. “ I hereby nominate my said wife as executrix of this will.” The will was duly admitted…
1Opinion of the CourtMaeshall, J.
It is suggested by respondent’s counsel that the order, so called, of the circuit court, is not appeal-able because it is merely interlocutory in character, not terminating an action.and preventing a judgment from which an appeal could be taken. ’ The determination of the matter in the circuit court was interlocutory as regards the proceedings in the county court, but a final determination of' such matter in the former court. It was to all intents and purposes a final judgment and appealable as such, though it was, in form, ah order. The statute (sec. 4037, Stats. 1898), regulating…
2Cases cited4 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Knox v. KnoxWisconsin Supreme Court · 1884
- Jones v. RobertsWisconsin Supreme Court · 1893
- Tabor v. TaborWisconsin Supreme Court · 1893
3Cited by25 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Keiser v. JensenIllinois Supreme Court · 1940
- State v. DonohueWisconsin Supreme Court · 1960
- Homberger v. WilleyWisconsin Supreme Court · 1923
- Thomas/Van Dyken Joint Venture v. Van DykenWisconsin Supreme Court · 1979
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