Moir v. Dodson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen Lalee County. This was an action to foreclose a mortgage of real estate. In the title of the case the plaintiffs are styled “ executors of the last will and testament of William Moir, deceased.”
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APPEAL from the Circuit Court for Oreen Lalee County. This was an action to foreclose a mortgage of real estate. In the title of the case the plaintiffs are styled “ executors of the last will and testament of William Moir, deceased.” The complaint, after alleging the making of certain notes and the execution of a mortgage to' secure the same by the defendant to William Moir, states that afterwards the said William Moir died at, &c., having by his last will and testament appointed the plaintiffs his executors, and that previous to the commencement of this suit, said last will was duly…
1Opinion of the Court
By the Gourt,
Dixon, C. J.
This case differs very materially from that of Merritt vs. Seaman, 2 Seld., 168, cited by the appellant’s counsel. There the commencement of the declaration was the only part which contained any indication that the suit was brought by the plaintiff in any other than his individual capacity. The promises were all laid to him individually, and no mention was made of letters testamentary in the declaration or testimony. Here the death of the testator, the execution and i probate of the will, the appointment of the plaintiffs as executors, the issuing of letters…
2Cited by15 opinions
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- Hayes v. FreyWisconsin Supreme Court · 1882
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1875
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