Barney v. Babcock's Estate
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. Facte: Josiah Woodward died testate March 1, 1817. His will was admitted to probate in the county court for Dodge county, Wisconsin, April 9, 1877. His property, after the payment of his debts and the expenses of the administration, was willed to his wife for life, and thereafter one half to Edward H. Woodward, his son, and one half to Lucy M. Thomas, his daughter, the latter portion…
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Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. Facte: Josiah Woodward died testate March 1, 1817. His will was admitted to probate in the county court for Dodge county, Wisconsin, April 9, 1877. His property, after the payment of his debts and the expenses of the administration, was willed to his wife for life, and thereafter one half to Edward H. Woodward, his son, and one half to Lucy M. Thomas, his daughter, the latter portion to he held in trust by the son and the income thereof paid, her during her life, and the principal then to be paid to…
1Opinion of the CourtMarshall, J.
The trial court seems to' have decided this case wholly upon the theory that it was competent in this action to review the proceedings of the county court of Dodge county, appointing Willard administrator de bonis non with the will annexed, of the estate of Josiah Woodward, and to declare the same void. The court seems to have exercised that supposed jurisdiction, to have declared such appointment absolutely void, and thereby reached the conclusion that no liability existed against his estate as administrator ‘de bonis non, consequently none against the estates of his deceased bondsmen. After…
2Cases cited11 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
- Parsons v. ParsonsWisconsin Supreme Court · 1898
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1888
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3Cited by6 opinions
- Pugh v. FowlieWisconsin Supreme Court · 1937
- Carpenter v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1904
- Wallber v. WilmannsWisconsin Supreme Court · 1903
- Vaughn v. WalshWisconsin Supreme Court · 1904
- Jenks v. AllenWisconsin Supreme Court · 1913
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