Lynch v. Divan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. Mary Divan died testate, probably in 1883, and the respondent, Emanuel Divan, the son of the testatrix, who was named in her will as the executor of her estate, duly qualified as such executor, November 20, 1883. He filed in the county court an inventory of the assets of the estate, verified by his affidavit.
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APPEAL from the Circuit Court for Green County. Mary Divan died testate, probably in 1883, and the respondent, Emanuel Divan, the son of the testatrix, who was named in her will as the executor of her estate, duly qualified as such executor, November 20, 1883. He filed in the county court an inventory of the assets of the estate, verified by his affidavit. The only property thus inventoried is described therein as follows: “ I gave my note to Mother Divan, May 7, 1869, due in two years, without interest, for the sum of $438; rent from 1868 to 1811, inclusive, at $40 per annum, paid each…
1Opinion of the CourtLyon, J.
The order of the county court requiring the executor to pay the claim of Lynch was not authorize!! by law. The note, and the claim of the estate against the executor for rent received by him, were merely ehoses in action, or property of the estate, upon which the executor might or might not be indebted; and it was the clear duty of the executor to include them in his inventory, whether he recognized them as valid claims against him or not. By so doing he admitted the existence of the note, and the receipt of the rent as therein stated; but he did not thereby admit that he owed the estate…
2Cited by18 opinions
- Stewart v. LohrWashington Supreme Court · 1890
- Hartwig v. FlynnSupreme Court of Kansas · 1909
- Fox v. NachtsheimWashington Supreme Court · 1892
- In Re Estate of AndersSupreme Court of Iowa · 1947
- In re Estate of ParkerSupreme Court of Iowa · 1920
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