Heiss v. Murphey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought to determine the construction of a will; and the questions which arose upon the will were determined by this court on a former appeal herein, reported in .40 Wis., 276. After the cause was remitted to the circuit court, plaintiff moved for judgment in accordance with the decision of this court, and for an allowance of $300 to him for counsel fees herein, in addition to taxable costs.
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APPEAL from the Circuit Court for Dane County. This action was brought to determine the construction of a will; and the questions which arose upon the will were determined by this court on a former appeal herein, reported in .40 Wis., 276. After the cause was remitted to the circuit court, plaintiff moved for judgment in accordance with the decision of this court, and for an allowance of $300 to him for counsel fees herein, in addition to taxable costs. After a hearing, the court rendered a judgment, which declared, among other things, that plaintiff had lawful authority to sell so much of…
1Opinion of the CourtRyan, C. J.
It was not a mere right, it was almost the duty, of the executor, to take the opinion of the court upon the construction of the will and the validity of the disposition which it purported to make of the testator’s property. This appears sufficiently from the former judgment in this case. Heiss v. Murphy, 40 Wis., 276. And it would be most op*48pressive on the executor, that he should be held to do so at his personal cost and risk. If it wére necessary to make a precedent in such a case, we should probably not hesitate in doing so. Rut the authorities cited for the respondent clearly establish…
2Cases cited1 opinion
- Heiss v. MurpheyWisconsin Supreme Court · 1876
3Cited by9 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Faught v. FaughtIndiana Supreme Court · 1884
- Carpenter v. First National Bank & Trust Co.Wisconsin Supreme Court · 1939
- Stephenson v. NorrisWisconsin Supreme Court · 1906
- Estate of SchæffnerWisconsin Supreme Court · 1878
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