Legal Opinion

Stephenson v. Norris

Wisconsin Supreme Court

Decided May 8, 1906PublishedCited by 10 opinions

Appeals from a judgment of the circuit court for Milwaukee county: Warreh D. Tarrant, Circuit Judge. This is an action brought in the circuit court to- construe the will of Daniel Wells, Jr., who died March 18, 1902. The action is brought by the executors and trustees named in the will against all the legatees, many of whom are minors.

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Appeals from a judgment of the circuit court for Milwaukee county: Warreh D. Tarrant, Circuit Judge. This is an action brought in the circuit court to- construe the will of Daniel Wells, Jr., who died March 18, 1902. The action is brought by the executors and trustees named in the will against all the legatees, many of whom are minors. The estate bequeathed was very large, and the original will, executed February 20, 1897, was long and complicated, and was subsequently modified by three separate codicils. The complaint sets forth the death of the testator and the subsequent probate of the…

1Opinion of the Court

The following opinion was filed March 20, 1906:

"Winslow, J.

The guardian ad litem of Daniel Wells Norris assigned three errors, vjz.: (1) That the complaint does-not state a cause of action; (2) that the circuit court should not have assumed jurisdiction, inasmuch as the settlement of' the estate was proceeding in the county court; and (3) that compensation for the various guardians ad litem should not have been ordered to be paid out of the body of the estate. The first two of these contentions will now be considered, and the third will be taken up at the close of this opinion.

The plenary…

2Cases cited12 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Burnham v. NortonWisconsin Supreme Court · 1898
  3. Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
  4. Heiss v. MurpheyWisconsin Supreme Court · 1876
  5. Tyson v. RichardsonWisconsin Supreme Court · 1899

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Cawker v. DreutzerWisconsin Supreme Court · 1928
  2. Frame v. PlumbWisconsin Supreme Court · 1909
  3. Estate of WellsWisconsin Supreme Court · 1914
  4. Bussell v. WrightWisconsin Supreme Court · 1907
  5. Kronshage v. VarrellWisconsin Supreme Court · 1906

5 more not listed; retrieve them via the Exa API.

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