Volk v. Stowell
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Polk county: A. J. YiNje, Circuit Judge. This was an action for the recovery of certain real estate, called the “Hermitage Earm,” situated on the north shore of Poplar lake, in Polk county, of which Leonard W. Yolk died seised August 19,1895, having made on the 1st of April, 1895, a written agreement with the defendant, Stowell, by which it was agreed that the latter should take charge of the management, care, and cultivation…
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Appeal from, a judgment of the circuit court for Polk county: A. J. YiNje, Circuit Judge. This was an action for the recovery of certain real estate, called the “Hermitage Earm,” situated on the north shore of Poplar lake, in Polk county, of which Leonard W. Yolk died seised August 19,1895, having made on the 1st of April, 1895, a written agreement with the defendant, Stowell, by which it was agreed that the latter should take charge of the management, care, and cultivation of said farm, or any additional adjoining land that might be thereafter purchased by said Yolk, for a term of five years…
1Opinion of the CourtPiNNey, J.
1. There is neither allegation nor proof to show that the rents and profits of the real estate in question were needed for the payment of debts of the testator or in the settlement of his estate, or that he left debts unpaid or not provided for. At common law, the executor or administrator had nothing to do with the real estate of which the testator or intestate died seised. Jones v. Billstein, 28 Wis. 221. When there are no debts or legacies to be paid, there is no valid reason why the executor or administrator should! have the possession of the real estate. Flood v. Pilgrim, 32 Wis. 376;…
2Cases cited5 opinions
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Flood v. PilgrimWisconsin Supreme Court · 1873
- McManany v. SheridanWisconsin Supreme Court · 1892
- Filbey v. CarrierWisconsin Supreme Court · 1878
- Lockart v. ForsytheMissouri Court of Appeals · 1892
3Cited by8 opinions
- Schick v. WhitcombNebraska Supreme Court · 1903
- Barrett v. TowneMassachusetts Supreme Judicial Court · 1907
- Mills v. SmithMassachusetts Supreme Judicial Court · 1906
- Homan v. RedickNebraska Supreme Court · 1914
- Ryan v. Estate of SheppardCourt of Appeals of Wisconsin · 2010
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