Smith v. Schreiner
Wisconsin Supreme Court
.APPEAL from the Circuit Court for Bane County. The plaintiff, Julia 8. Smith, petitioned the county court of Grant county for an order that the defendant, as administrator de honis non with the will annexed of J. H. Hyde, deceased, forthwith pay over to her a legacy of $600 given her by said will. The defendant by a counterclaim asked, among other things, an adjudication that the plaintiff had received all, and more than, she was entitled to under the will.
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.APPEAL from the Circuit Court for Bane County. The plaintiff, Julia 8. Smith, petitioned the county court of Grant county for an order that the defendant, as administrator de honis non with the will annexed of J. H. Hyde, deceased, forthwith pay over to her a legacy of $600 given her by said will. The defendant by a counterclaim asked, among other things, an adjudication that the plaintiff had received all, and more than, she was entitled to under the will. Upon a hearing before the county court of Crawford county (because of the prejudice of the county judge of Grant county) the petition…
1Opinion of the CourtOetoit, J.
Ur. Jehiel H. Hyde executed his last will and testament November 20, and died December 7, 1869, in Grant county, this state. The will was' duly probated, and one Addison Burr, named as executor in the will, was duly appointed, and made his final settlement in January, 1870, and there remained in his hands, after payment of all the debts, the sum of $7,313.61, which amount, by the order of the county court, was paid over to Mrs. Sarah Hyde, the widow of the testator, according to the will. •
By the will all of the estate of the testator, real and personal, was devised and bequeathed to his…
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