Flood v. Pilgrim
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action by the plaintiff as administrator to recover certain lands in the county of "Waukesha. In 1863 one Nicholas Nedley died seized of these lands. By his last -will, which was duly probated, he devised these lands to his children— that is, a life estate therein to one child, with remainder over to two others.
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APPEAL from the Circuit Court for Milwaulcee County. Action by the plaintiff as administrator to recover certain lands in the county of "Waukesha. In 1863 one Nicholas Nedley died seized of these lands. By his last -will, which was duly probated, he devised these lands to his children— that is, a life estate therein to one child, with remainder over to two others. The person named as executor in the will did not qualify, and there was no administration upon the estate until in May, 1872, when the plaintiff was appointed administrator thereof with the will annexed. All of the real estate of…
1Opinion of the CourtLyon, J.
I. At the time the plaintiff was appointed by the probate court administrator of the estate of Nicholas Ned-ley, deceased, there was no such estate. The title to the real estate of the testator had passed, by virtue of the probate of his last will and testament, to the devisees therein named, and there was no personal property left which had belonged to the deceased in his lifetime. There is no pretense that there were any debts or claims chargeable against or due to the estate. In a word, there was nothing to administer ; and the appointment of an administrator was entirely unnecessary. More…
2Cases cited1 opinion
- Jones v. BillsteinWisconsin Supreme Court · 1871
3Cited by20 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Gwinn v. MelvinIdaho Supreme Court · 1903
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Lewon v. HeathNebraska Supreme Court · 1898
- Murphy v. MurphyWashington Supreme Court · 1906
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