Roberts v. Weadock
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. Action on an administrator’s bond. The estate of E. Y. Mundy, deceased, being in process of settlement in the probate court of Douglas county, Wisconsin, such proceedings were there duly had that a claim for $2,000, with interest thereon from March 22, 1890, was allowed in favor of Robert 0. Ray and James D. Ray.
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Appeal from a judgment of the circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. Action on an administrator’s bond. The estate of E. Y. Mundy, deceased, being in process of settlement in the probate court of Douglas county, Wisconsin, such proceedings were there duly had that a claim for $2,000, with interest thereon from March 22, 1890, was allowed in favor of Robert 0. Ray and James D. Ray. Thereafter James I). Ray died, and Robert 0. Ray was appointed as executor of his estate. .Defendant Weadock was the executor of the estate of E. Y. Mundy, deceased, and the other defendants…
1Opinion of the CourtMaeshall, J.
The questions presented on this appeal are familiar and simple. Sec. 3853, R. S. 1878, provides that, ■“ after the time limited for creditors to present their claims has expired, and the amount of the indebtedness of the deceased has been ascertained by the court or commissioners, such court shall make an order or judgment for the payment of the debts of the deceased, in whole or in part, out of the assets in the hands of the executor or administrator for that purpose, as the circumstances of the estate shall require.” Sec. 3856, R. S. 1878, provides that whenever an order or judgment shall…
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