Moynahan v. Allen
Wisconsin Supreme Court
Appeai, from an order of tbe circuit court for Walwortb county: E. B. BeldeN, Circuit Judge. Tbis is an appeal from an order of tbe circuit court of Walwortb county denying an application under sec. 4035, Stats. 1898, for leave to appeal from an order of tbe county court of said county construing tbe will of Sabina O’Hara, deceased, and determining tbe authority of tbe administrator witb tbe will annexed thereunder.
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Appeai, from an order of tbe circuit court for Walwortb county: E. B. BeldeN, Circuit Judge. Tbis is an appeal from an order of tbe circuit court of Walwortb county denying an application under sec. 4035, Stats. 1898, for leave to appeal from an order of tbe county court of said county construing tbe will of Sabina O’Hara, deceased, and determining tbe authority of tbe administrator witb tbe will annexed thereunder. Sabina O’Hara died testate February 21, 1891, in Walwortb county, leaving her 'surviving two daughters, Mary Dougherty and Jennie Moy-nahan, and six sons, Thomas, Michael, Jaimes,…
1Opinion of the CourtKjsbwiN, J.
The court below in denying the right to appeal held that appellants were guilty of laches. Several other questions are discussed by counsel under various assignments of error upon this appeal; but, if the court did not abuse its discretion in holding that the appellants were guilty of laches, the order must be affirmed, and no other question argued need be considered. Sec. 4035, Stats. 1898. It appears from the record that the administrator had been endeavoring for many years, in accordance with the provisions of the will, to obtain a desirable purchaser and make a sale, but until 1903 failed…
2Cases cited10 opinions
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- McCann v. WelchWisconsin Supreme Court · 1900
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
- Hamilton v. Menominee Falls Quarry Co.Wisconsin Supreme Court · 1900
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3Cited by3 opinions
- Roemer v. SchmidtWisconsin Supreme Court · 1907
- Maxcy v. EllisonWisconsin Supreme Court · 1907
- Will of McGintyWisconsin Supreme Court · 1920