Legal Opinion

Fox v. Martin

Wisconsin Supreme Court

Decided October 30, 1900PublishedCited by 5 opinions

Appeals from a judgment of the circuit court for "Wauke-sha county: James J. Dice, Circuit Judge. This is a contest as to the probate of the will of "W. H. Stickney, deceased. The will was admitted to probate by the county court of "Waukesha county, but the decree was reversed by the circuit court upon appeal, and allowances were made by the circuit court for counsel fees payable out of the estate to both parties.

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Appeals from a judgment of the circuit court for "Wauke-sha county: James J. Dice, Circuit Judge. This is a contest as to the probate of the will of "W. H. Stickney, deceased. The will was admitted to probate by the county court of "Waukesha county, but the decree was reversed by the circuit court upon appeal, and allowances were made by the circuit court for counsel fees payable out of the estate to both parties. The judgment of the circuit ■court was reversed by this court upon appeal. 104 Wis. •581. Upon the filing of the remittitur of this court in the court below, judgment was entered…

1Opinion of the CourtWiNslow, J.

These appeals bring squarely before us the question as to the power of the circuit court to allow to the-parties to a will contest counsel fees to be paid out of the estate in addition to statutory costs. It is not to be denied that the practice of making such allowances finds support in decisions of this court, and that prior to the decision in the case of In re Donges’s Estate, 103 Wis. 497, the subject, was in a state of considerable confusion.

That was an action for the construction of a will, the contest being between heirs at law and legatees; this is a contest as to the validity of a…

2Cases cited3 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Patton v. LudingtonWisconsin Supreme Court · 1899
  3. In re Will of SomervaillWisconsin Supreme Court · 1899

3Cited by5 opinions

  1. In Re Estate of MeredithMichigan Supreme Court · 1936
  2. Frame v. PlumbWisconsin Supreme Court · 1909
  3. McMahon v. SnyderWisconsin Supreme Court · 1903
  4. Estate of MuellenschladerWisconsin Supreme Court · 1908
  5. Campbell v. Detroit Trust Co.Michigan Supreme Court · 1936

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