Estate of Robinson v. Hodgkin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: N. S. G-ilsoN, Circuit Judge. This is an appeal from a judgment correcting and surcharging an executor’s final account. It appears by the evidence that Herman Hodgkin died at Eond du Lac, July 8, 1893, leaving a will devising his property, real and personal (after payment of his debts), to the appellant, Horace Hodghin,, who afterwards probated the will and accepted the trust.
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Appeal from a judgment of the circuit court for Eond du Lac county: N. S. G-ilsoN, Circuit Judge. This is an appeal from a judgment correcting and surcharging an executor’s final account. It appears by the evidence that Herman Hodgkin died at Eond du Lac, July 8, 1893, leaving a will devising his property, real and personal (after payment of his debts), to the appellant, Horace Hodghin,, who afterwards probated the will and accepted the trust. The testator left two heirs at law, viz. the said Horace Hodg-hin, his son, and one Mrs. Selina Robinson, his daughter.. The testator’s property…
1Opinion of the CourtWiNslow, J.
There is but one serious question arising in this case, and that is whether the executor'should be charged with his own note, given to the deceased in his lifetime. The note was in the possession of the deceased at the time of his death, and afterwards came to the hands of the executor, but he did not include it in the inventory, nor did he charge himself with it in his filial account. It may be inferred from these facts that the executor claims that this note has been paid, or that he has some defense to it, although no such claim is directly made in any pleading in the case. It is enough to…
2Cases cited4 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Lynch v. DivanWisconsin Supreme Court · 1886
- Finch v. HoughtonWisconsin Supreme Court · 1865
3Cited by5 opinions
- Will of Stubbs v. First National Bank of MenomonieWisconsin Supreme Court · 1934
- Estate of Howey v. Commercial National BankWisconsin Supreme Court · 1934
- Stewart v. HurdSupreme Judicial Court of Maine · 1911
- Guardianship of KueschelWisconsin Supreme Court · 1942
- Estate of TuttleWisconsin Supreme Court · 1942