Perry v. Scaife
Wisconsin Supreme Court
'Appeal from an order of the circuit court for Sauk county: E. Rat SteveNS, Circuit Judge. Special proceedings to obtain leave to appeal from a decision of the county court admitting a will to probate after the time absolutely allowed therefor by statute had expired. The application was made by and on behalf of citizens of the kingdom of Great Britain.
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'Appeal from an order of the circuit court for Sauk county: E. Rat SteveNS, Circuit Judge. Special proceedings to obtain leave to appeal from a decision of the county court admitting a will to probate after the time absolutely allowed therefor by statute had expired. The application was made by and on behalf of citizens of the kingdom of Great Britain. The petition stated as regards the interest of the persons desiring to contest the probate of the will, as follows: “Tour petitioners are near relatives and heirs at law of the said deceased, and are entitled to a distributive share in said…
1Opinion of the CourtMaRshauu, J.
The learned counsel for appellant with characteristic candor conceded upon the oral argument that the question of whether one aggrieved by the decision of a county court in a probate matter, who has permitted the time absolutely allowed by statute for him to appeal to elapse without using such remedy, should be allowed to avail himself thereof notwithstanding the delay, is one peculiarly addressed to the discretionary authority of the appellate tribunal; that its solution of the matter is final in the absence of a clear abuse of such authority; and that this court would not be warranted in…
2Cases cited13 opinions
- Emerson v. NashWisconsin Supreme Court · 1905
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Miller v. BayerWisconsin Supreme Court · 1896
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- New York Life Insurance & Trust Company v. HoytNew York Court of Appeals · 1899
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3Cited by4 opinions
- Thomas v. CovertWisconsin Supreme Court · 1906
- Will of Bray v. CrawfordWisconsin Supreme Court · 1951
- Village of Prentice v. NelsonWisconsin Supreme Court · 1908
- Will of McGintyWisconsin Supreme Court · 1920