Meyer v. Barth
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action is brought against the sureties upon a bond given by the trustee of a testamentary trust. The facts are that one Coleman was the executor of the will of one Lurinda Shepardson, deceased, which will contained a number of testamentary trusts.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action is brought against the sureties upon a bond given by the trustee of a testamentary trust. The facts are that one Coleman was the executor of the will of one Lurinda Shepardson, deceased, which will contained a number of testamentary trusts. On the 5th day of July, 1893, Coleman declined to act or .qualify as trustee under tbe will, and thereupon the county court of Milwaukee appointed John U. Koetting such trustee; and on the 11th day of the same month, Koetting filed in said court his bond for…
1Opinion of the CourtWiNslow, J.
Whatever may be the rule in other jurisdictions, this court has definitely adopted the rule that sureties upon a probate bond are, in the absence of fraud or collusion, concluded by the decree of the proper court, rendered upon an accounting by their principal, as to the amount of the principal’s liability; and this is the rule even though the sureties be not parties to the accounting. Shepard v. Pebbles, 38 Wis. 373; Holden v. Curry, 85 Wis. 504; Schoenleber v. Burkhardt, 94 Wis. 575. The same rule prevails in many courts. Heard v. Lodge, 20 Pick. 53; Stovall v. Banks, 10 Wall. 583; Irwin v.…
2Cases cited9 opinions
- Stovall v. BanksSupreme Court of the United States · 1871
- Irwin v. BackusCalifornia Supreme Court · 1864
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Martin v. TallySupreme Court of Alabama · 1882
- Holden v. CurryWisconsin Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
- Weyant v. Utah Savings & Trust Co.Utah Supreme Court · 1919
- Anthes v. AnthesIdaho Supreme Court · 1912
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Hammes v. First National Bank & Trust Co.Wisconsin Supreme Court · 1977
14 more not listed; retrieve them via the Exa API.