Estate of Pike
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Mrs. Pike and certain children of the testator are the legatees named in the will of Oliver Pike, the late husband of the petitioner, and Mr. Kimball is the executor of such will.
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APPEAL from the Circuit Court for Fond du Lao County. Mrs. Pike and certain children of the testator are the legatees named in the will of Oliver Pike, the late husband of the petitioner, and Mr. Kimball is the executor of such will. Pending administration of the 'estate left by the testator, Mrs. Pike filed her petition in the proper county court for the removal of the executor, alleging therein that he is an unsuitable person to be such executor; and further, that “ her reason for regarding said Kimball unsuitable is the fact that he is rough, coarse and profane in his language, arbitrary…
1Opinion of the Court
LyoN,' J.
The statute under which this proceeding for the removal of the executor was instituted, is as follows: “If an executor shall neglect, after due notice given by the judge of the county court, to render his account and settle the estate according to law, or to perform any judgment of the court, or shall abscond, or become insane, or otherwise incapable or unsuitable to discharge the trust, the county court may remove such executor.” E. S. 1858, ch. 98, sec. 9, as amended by ch. 140, Laws of 1871 (Tay. Stats., 1213, § 10). This is substantially the statute of Massachusetts of 1783, ch.…
2Cases cited2 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Cutler v. HowardWisconsin Supreme Court · 1859
3Cited by8 opinions
- Kidd v. BatesSupreme Court of Alabama · 1897
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
- Holzhauer v. ZartnerWisconsin Supreme Court · 1924
- Saxe v. SaxeWisconsin Supreme Court · 1903
- Burtt v. BarnesWisconsin Supreme Court · 1894
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