Legal Opinion

Saxe v. Saxe

Wisconsin Supreme Court

Decided November 17, 1903PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: James O’Neill, Judge. Louis Saxe executed Ms last will and testament January 6, 1894. He died September 9, 1900. On September 12, 1900, Leo E. Saxe and Thomas J. Pereles, named as executors in the will, petitioned the county court for' the probate of the will and for letters testamentary to be granted thereon according to law.

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Appeal from a judgment of tbe circuit court for Milwaukee county: James O’Neill, Judge. Louis Saxe executed Ms last will and testament January 6, 1894. He died September 9, 1900. On September 12, 1900, Leo E. Saxe and Thomas J. Pereles, named as executors in the will, petitioned the county court for' the probate of the will and for letters testamentary to be granted thereon according to law. On November 5, 1900, the widow and ten of the children of the deceased (being all except one and Leo E. Saxe) appeared and objected in writing to the appointment of Leo E. Saxe as such executor for the…

1Opinion of the Court

Cassoday, O. J".

By stipulation of the parties the case was retried in the circuit court upon the evidence taken in the -county court. Such testimony was voluminous. The view *560wo bave taken of tbe case, however, renders it unnecessary to discuss tbe evidence in detail. Tbe statute declares:

“When a will shall bave been -duly proved and allowed tbe county court shall issue letters testamentary thereon to tbe person named executor therein, if he is legally competent and shall accept tbe trust and give bond as required by law.” Sec. 3192, Stats. 1898.

Upon tbe will being admitted to .probate, and…

2Cases cited8 opinions

  1. Emerson v. . BowersNew York Court of Appeals · 1856
  2. Smith's Appeal From ProbateSupreme Court of Connecticut · 1892
  3. Holladay v. HolladayOregon Supreme Court · 1888
  4. Estate of PikeWisconsin Supreme Court · 1878
  5. Sill v. M'KnightSupreme Court of Pennsylvania · 1844

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State Ex Rel. First National Bank & Trust Co. of Racine v. SkowWisconsin Supreme Court · 1979
  2. Holzhauer v. ZartnerWisconsin Supreme Court · 1924
  3. In Re Estate of BettsSupreme Court of Minnesota · 1932
  4. Svacina v. East Wisconsin Trustee Co.Wisconsin Supreme Court · 1941
  5. Hartman v. HaeffeleNebraska Supreme Court · 1945

1 more not listed; retrieve them via the Exa API.

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