In re the Estate of Fisher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. On the 27 th of August, 1852, the county court of Dane county made an order -which, recited that an instrument in writing purporting to be the last will of Edward Eisher, deceased, had been presented for probate on behalf of William Fisher, one of the executors named in said instrument, and that it appeared that there would be necessary delay in proving said instrument and granting letters testamentary thereon ; and thereupon…
Read the full summary
APPEAL from the Circuit Court for Bode County. On the 27 th of August, 1852, the county court of Dane county made an order -which, recited that an instrument in writing purporting to be the last will of Edward Eisher, deceased, had been presented for probate on behalf of William Fisher, one of the executors named in said instrument, and that it appeared that there would be necessary delay in proving said instrument and granting letters testamentary thereon ; and thereupon appointed L. J. Farwell administrator to collect and take charge of the estate of the deceased, until the said will should…
1Opinion of the Court
By the Court,
Dixon, C. J.
In this case the following points were unanimously resolved by the court:
1. The county court could not receive and act upon the petition for letters of administration with the will annexed, pending the appeal from the order approving the will. All proceedings in that respect were suspended until the matter of the appeal was finally decided, and the cause remitted to the county court.
2. The order appointing Farwell administrator with the will annexed, was irregular, in that it directed his bond as special administrator to stand as his bond as administrator with the…
2Cited by18 opinions
- Estate of LeavensWisconsin Supreme Court · 1886
- Lamb v. HelmSupreme Court of Missouri · 1874
- Guardianship of ReeveWisconsin Supreme Court · 1922
- Parsons v. BalsonWisconsin Supreme Court · 1906
- In re BurdickIllinois Supreme Court · 1896
13 more not listed; retrieve them via the Exa API.