Jenks v. Allen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Iowa county: Geoege ClemeutsoN, Circuit Judge. On November 12, 1893, Mary Curry died testate. January 23, 1894, Phil Allen, Jr., was appointed executor and, as sucb, executed a bond signed by tbe defendants W. A. Jones and John Allen as sureties, and approved by tbe county judge.
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Appeal from a judgment of tbe circuit court for Iowa county: Geoege ClemeutsoN, Circuit Judge. On November 12, 1893, Mary Curry died testate. January 23, 1894, Phil Allen, Jr., was appointed executor and, as sucb, executed a bond signed by tbe defendants W. A. Jones and John Allen as sureties, and approved by tbe county judge. At' tbe time of bis appointment as executor, two minors, Susan Mary Rink and Florence Evangeline Rink, were interested in tbe estate, but no guardian ad litem was appointed for them in tbe probate proceeding. March 19, 1895, tbe executor filed bis account, wbicb was…
1Opinion of the CourtVinje, J.
It is urged that this action cannot be maintained because Rink was appointed administrator on the 22d day of February, 1910, which was a legal holiday. Assuming that the court had no authority to appoint Rink as administrator on said date, such want of authority affected his legal capacity to cause the action to be instituted. The complaint alleged that the appointment of Rink as administrator was made on the 22d day of February, 1910. Sec. 2649, Stats. (1898), provides that one ground of demurrer is that plaint*628iff has not legal capacity to sue/ and sec. 2653 provides that when any of the…
2Cases cited21 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- O'Dell v. RogersWisconsin Supreme Court · 1878
- State ex rel. Cornish v. TuttleWisconsin Supreme Court · 1881
- Melms v. PfisterWisconsin Supreme Court · 1884
- Milwaukee Masons & Builders' Ass'n v. NiezerowskiWisconsin Supreme Court · 1897
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3Cited by4 opinions
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