Golder v. Littlejohn
Wisconsin Supreme Court
APPEAL from tlte Circuit Court for Dane County. On tie 5th. of April, 1861, William Potts, of Walworth county, died, leaving Ids last will and testament duly executed, in and by which, he appointed his wife, Mary Potts, and one Edson Kellogg, executrix and executor thereof. After directing that his just debts, funeral charges, and the expense of settling the estate, should be paid out of the estate of the testator, the will contains the following clause: " Item.
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APPEAL from tlte Circuit Court for Dane County. On tie 5th. of April, 1861, William Potts, of Walworth county, died, leaving Ids last will and testament duly executed, in and by which, he appointed his wife, Mary Potts, and one Edson Kellogg, executrix and executor thereof. After directing that his just debts, funeral charges, and the expense of settling the estate, should be paid out of the estate of the testator, the will contains the following clause: " Item. I devise and bequeath unto my beloved wife, Mary Potts, all my property and estate, real, personal and mixed of every description…
1Opinion of the CourtLyoN, J.
This case has been before this court on a former occasion, on an appeal from the order of the circuit court sustaining a demurrer to the complaint. It was then held by this court that the complaint states facts sufficient to constitute a. cause of action. 23 Wis., 251. The allegations of the complaint are there sufficiently stated, and need not be repeated here. The questions decided upon that appeal must be considered as settled. Hence it is res adjudicaM, so far as this case is concerned, that the complaint states a cause of action, and that the action is properly brought by the…
2Cases cited3 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Siegwald v. SiegwaldIllinois Supreme Court · 1865
- Golder v. LittlejohnWisconsin Supreme Court · 1868
3Cited by15 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Clark v. ClarkSupreme Court of Georgia · 1928
- Will of LeitschWisconsin Supreme Court · 1924
- Jones v. JonesWisconsin Supreme Court · 1886
- Miller v. TracyWisconsin Supreme Court · 1893
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