McLachlan v. Staples
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine County. James McLachlan died in February, 1852, having devised all bis estate to bis infant son, John McLachlan, and appointed the defendants, Staples and McKay, his executors. In December, 1857, John McLachlan died, at the age of seventeen years, and the defendant Staples was appointed his administrator.
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APPEAL from tbe Circuit Court for Hacine County. James McLachlan died in February, 1852, having devised all bis estate to bis infant son, John McLachlan, and appointed the defendants, Staples and McKay, his executors. In December, 1857, John McLachlan died, at the age of seventeen years, and the defendant Staples was appointed his administrator. The present action was brought by the heirs at law of John McLachlan against Staples and McKay, and tbe complaint alleged in addition to tbe above facts, that each of tbe defendants bad money of James McLacblan in bands at tbe time of tbe death of…
1Opinion of the Court
By the Court,
Cole, J.
We are satisfied that tbe allegations of fraud contained in tbe complaint, are sufficient, if true, to set aside tbe allowance and settlement of Staples’ account against tbe estate of Jobn McLacblan, made before tbe probate court. Tbe allegations are rather general, but perhaps they are as specific as tbe nature of tbe case will permit. It is averred in substance, that be, desirous of defrauding tbe heirs at law of Jobn, obtained letters of administration upon bis estate, and witb a fraudulent purpose got commissioners appointed to allow claims against that estate; that…
2Cited by3 opinions
- Bassett v. WarnerWisconsin Supreme Court · 1869
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Holden v. MeadowsWisconsin Supreme Court · 1872