Best v. Sinz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintif was one of four heirs of a brother who died intestate in the state of Indiana. The estate of such deceased brother was settled in the proper court, and the plaintiff’s share thereof, awarded to him by the court, was $97.23. Plaintiff and another heir gave the defendant a power of attorney, in the usual form, to collect their respective shares.
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APPEAL from the Circuit Court for Milwaukee County. The plaintif was one of four heirs of a brother who died intestate in the state of Indiana. The estate of such deceased brother was settled in the proper court, and the plaintiff’s share thereof, awarded to him by the court, was $97.23. Plaintiff and another heir gave the defendant a power of attorney, in the usual form, to collect their respective shares. The instrument is silent as to the compensation the defendant should receive for his services. He collected the money, but refused to pay over to the plaintiff his share thereof. The…
1Opinion of the CourtLyoN, J.
I. The plea in abatement was properly overruled. The money sued for was awarded the plaintiff by the order of distribution made by the proper court, and belonged to him in severalty. The other heirs df his deceased brother had no interest in it, and he had no interest in the sums awarded them. It is immaterial that one of them joined with the plaintiff in the power of attorney. This fact only made the defendant the several agent of each to collect his distributive share of the estate, and created no joint interest in the money.
II. The contract alleged in the answer, to the effect that the…
2Cited by4 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Mollison v. RittgersSupreme Court of Iowa · 1908
- Blondel v. OhlmanSupreme Court of Iowa · 1906
- Graf v. Seymour State BankWisconsin Supreme Court · 1936