Wiesmann v. Daniels
Wisconsin Supreme Court
Appeal from an order and a judgment of tbe circuit court for Kenosha county: FkANK M. Fish, Circuit Judge. On April 10, 1901, Henry Wiesmann filed in the county court of Kenosha county, Wisconsin, a verified petition praying for the issuance of letters of administration de bonis non, ■with the will annexed, of the estate of one Cornelius Mc-Kune, deceased.
Read the full summary
Appeal from an order and a judgment of tbe circuit court for Kenosha county: FkANK M. Fish, Circuit Judge. On April 10, 1901, Henry Wiesmann filed in the county court of Kenosha county, Wisconsin, a verified petition praying for the issuance of letters of administration de bonis non, ■with the will annexed, of the estate of one Cornelius Mc-Kune, deceased. The petition alleges, in substance, that said deceased died Eehruary 20, 1865, testate, and that his will was thereafter admitted to probate by said county court, and that letters testamentary, with the will annexed, were issued to the…
1Opinion of the CourtWiNSlow, J.
There are but two questions in the case: (1) Was the petitioner entitled to apply for the appointment *243of an administrator? and (2) Was the demurrant entitled to appear and resist the application ?
1. A mere stranger, having no interest in the estate or its .administration, cannot move the court for the appointment of an administrator. Stats. 1898, secs. 3807, 3808. This is elementary. The only capacity in which the petitioner claims to be entitled to appear is as a creditor of the estate. His petition, however, does not show him to be a creditor. His claim is for services rendered to Bams as…
2Cases cited3 opinions
- Yeomans v. RiddleSupreme Court of Iowa · 1891
- Miller v. TracyWisconsin Supreme Court · 1893
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
3Cited by6 opinions
- Estate of ArnebergWisconsin Supreme Court · 1924
- Estate of SheldonWisconsin Supreme Court · 1946
- Wiesmann v. DonaldWisconsin Supreme Court · 1905
- Vaughn v. WalshWisconsin Supreme Court · 1904
- Juergens v. RitterWisconsin Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.