Legal Opinion

C. W. Beggs, Sons & Co. v. Estate of Behrend

Wisconsin Supreme Court

Decided February 3, 1914Published

Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. In 1910 O. W. Behrend died intestate and letters of administration were granted to his widow, who was his sole heir.

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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. In 1910 O. W. Behrend died intestate and letters of administration were granted to his widow, who was his sole heir. Deceased in his lifetime was engaged in the retail drug business, and after his death and pending the settlement of the estate the administratrix continued the business and, through her agent in charge of the same, bought a bill of goods from plaintiff amounting to $332, for which it filed a claim against the estate. The county court allowed the claim and, upon appeal to the circuit…

1Opinion of the CourtVinje, J.

The trial court found that the goods bought were necessary for the preservation of the estate, and the finding is sustained by evidence. Such being the fact, the administratrix was entitled to reimbursement' from the estate for the amount of the bill in her final settlement with it.

Appellant correctly contends that the indebtedness was one due plaintiff from the administratrix and not from the estate, and that this claim was not properly filed against the estate. McLaughlin v. Winner, 63 Wis. 120, 23 N. W. 402; Miller v. Tracy, 86 Wis. 330, 56 N. W. 866; Brown v. McGee's Estate, 117 Wis. 389,…

2Cases cited5 opinions

  1. Miller v. TracyWisconsin Supreme Court · 1893
  2. McLaughlin v. WinnerWisconsin Supreme Court · 1885
  3. Crawley v. American Society of Equity of North AmericaWisconsin Supreme Court · 1913
  4. Brown v. McGee's EstateWisconsin Supreme Court · 1903
  5. Ferguson v. WoodsWisconsin Supreme Court · 1905

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