Reed v. Wilson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ioioa County. The following statement of the case was prepared by Mr. Justice Tatloe as a part of the opinion: The material facts in this case are the following: January 10, 1874, John B. Terry died at Mineral Point in this state, testate.
Read the full summary
APPEAL from the Circuit Court for Ioioa County. The following statement of the case was prepared by Mr. Justice Tatloe as a part of the opinion: The material facts in this case are the following: January 10, 1874, John B. Terry died at Mineral Point in this state, testate. His will was duly admitted to probate, February 16, 1874. Alexander Wilson, and Caroline and Adaline Terry, sisters of the deceased, were appointed, executors of said will, and gave bonds for the faithful discharge of their duties as such executors, and letters testamentary were issued to them February 16, 1874. James…
1Opinion of the CourtTaylor, J.
The only question discussed upon-the appeal from said order was “ whether the county court had authority, under the laws of this state, to compel the executrix of the deceased executor of the will of said Terry to render and settle the account of her testator as executor of the will of said Terry.” This question has not been heretofore passed upon by this court, and is a question not entirely free from doubt.
The rule of the English law that an executor of an executor is the executor of the first testator, and must execute the will of the first testator, is abolished by statute in this state.…
2Cases cited6 opinions
- Dakin v. DemmingNew York Court of Chancery · 1836
- Bush v. LindseyCalifornia Supreme Court · 1872
- Saddington's Estate v. HewittWisconsin Supreme Court · 1887
- Perrin v. Judge of the Circuit CourtMichigan Supreme Court · 1882
- Wetzler v. FitchCalifornia Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robbins ex rel. Wood v. BurridgeMichigan Supreme Court · 1901