Estate of Ryan: Merton v. Puffer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: Maetikt L. Lueok, Circuit Judge. This is a claim for contribution brought by one partner against the estate of his deceased copartner. The essential facts were not disputed. Ryan, Merton] and Newbury were lawyers at Waukesha, and acted as attorneys for certain contestants in the matter of the will of the late John A. Rice, Mr. Ryan being actively in charge of the litigation.
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Appeal from a judgment of the circuit court for Wauke-sha county: Maetikt L. Lueok, Circuit Judge. This is a claim for contribution brought by one partner against the estate of his deceased copartner. The essential facts were not disputed. Ryan, Merton] and Newbury were lawyers at Waukesha, and acted as attorneys for certain contestants in the matter of the will of the late John A. Rice, Mr. Ryan being actively in charge of the litigation. That gentleman devised and carried out an. agreement by which the contest was settled, the will admitted to probate, and the estate distributed between all…
1Opinion of the Court
Winslow, O. J.
The appellant claims that the judgment should be reversed because (1) the judgment in the case of Will of Rice, 150 Wis. 401, 136 N. W. 956, 137 N. W. 778, is res adjudicata; (2) the parties were wrongdoers between whom there can be no contribution; (3) there was no competent proof of the settlement of the partnership affairs of Ryan, Merton & Newbury; (4) the claim was barred because not filed within the time limited for general creditors to present claims against the estate.
1. The claim that the decision in the Rice Will Case is res adjudicaba as to the rights of the firm as…
2Cases cited3 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Rowell v. SmithWisconsin Supreme Court · 1905
- Rahr v. WittmannWisconsin Supreme Court · 1911
3Cited by10 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Ellis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Van Gorden v. LuntSupreme Court of Iowa · 1944
- New York Life Insurance v. Estate of LathersWisconsin Supreme Court · 1934
- Fowler v. American Federation of Tobacco Growers, Inc.Supreme Court of Virginia · 1954
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