Amory v. Amory
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. A paper writing, dated August 3, 1868, and purporting to be the last will of James Amory, deceased, was presented for probate to the county court of said county by Samuel B. Amory and John Amory, who were named as executors therein.
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APPEAL from the Circuit Court for Fond du Lac County. A paper writing, dated August 3, 1868, and purporting to be the last will of James Amory, deceased, was presented for probate to the county court of said county by Samuel B. Amory and John Amory, who were named as executors therein. On the 25th of October, 1868, there was filed in said county court an affidavit of Angelina Amory, which states “that she is the widow of the testator, James Amory,” and “ that it is her purpose to contest the probate of said willand also states certain facts as grounds for an application to have the hearing in…
1Opinion of the Court
The following opinion was filed at the January term, 1870.
Dixon, C. J.
The statute provides that any person aggrieved by any order, sentence, judgment or denial of a judge of the county court, may appeal therefrom to the circuit court for the same county. R. S. ch. 117, § 24. The question whether the party appealing in any case is a person thus designated by the statute, and to whom the right of appeal is given, is essen*158tially a preliminary one. The objection being raised that the appellant is not such person, but a stranger to the order or sentence appealed from, it is clearly in the nature…
2Cases cited4 opinions
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- Garwood v. GarwoodCalifornia Supreme Court · 1866
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- Cooley v. GregoryWisconsin Supreme Court · 1862
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- Frankfurth v. AndersonWisconsin Supreme Court · 1884
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