Tredway v. Allen
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Tbe administrator of tbe estate of Jobn T. Martin appealed to said court from so much of an order made by tbe county court of said county in June, 1865, providing for tbe distribution of certain moneys of the estate, as required him to pay to Asa W. Allen tbe sum of $1888. Tbe claim thus ordered to be paid was allowed by tbe county court on tbe 17th of March, 1862. Tbe circuit court affirmed tbe order; and tbe administrator…
Read the full summary
APPEAL from tbe Circuit Court for Dane County. Tbe administrator of tbe estate of Jobn T. Martin appealed to said court from so much of an order made by tbe county court of said county in June, 1865, providing for tbe distribution of certain moneys of the estate, as required him to pay to Asa W. Allen tbe sum of $1888. Tbe claim thus ordered to be paid was allowed by tbe county court on tbe 17th of March, 1862. Tbe circuit court affirmed tbe order; and tbe administrator appealed. Tbe grounds of tbe appeal are sufficiently stated in tbe opinion.
1Opinion of the CourtCole, J.
It is insisted that that portion of the order of distribution appealed from is erroneous and should be reversed, for tbe reason that tbe county judge, on tbe 17th day of March, 1862, bad no power to allow or act upon tbe claim, and that bis allowance thereof at that time was wholly unauthorized and void.
It appears that on tbe 29th day of September, 1860, letters of administration upon tbe estate of John T. Martin were issued, and at tbe same time an order was made giving tbe creditors of tbe estate eight months from that date to present their claims to tbe county judge for examination and…
2Cited by1 opinion
- State ex rel. Perkins v. Probate CourtSupreme Court of Minnesota · 1881