Becker v. Chester
Wisconsin Supreme Court
Appeals from orders of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to quiet a controversy as to tire legal effect of tbe will of Sberbnm S. Merrill, claimed by plaintiffs to be a suit in effect for tbe construction of snob will. Tbe complaint, by appropriate-allegations, shows that all persons interested in tbe validity of that part of tbe will called in question are parties plaintiff or defendant.
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Appeals from orders of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to quiet a controversy as to tire legal effect of tbe will of Sberbnm S. Merrill, claimed by plaintiffs to be a suit in effect for tbe construction of snob will. Tbe complaint, by appropriate-allegations, shows that all persons interested in tbe validity of that part of tbe will called in question are parties plaintiff or defendant. Tbe following matters are also, in effect, alleged therein: Tbe will was duly established April 21, 1885. Letters testamentary were then issued to tbe…
1Opinion of the Court
The following opinion was filed June 19, 1902:
Maksiiali,, J.
This action pertains to the settlement of the estate of Sherburn S. Merrill, deceased. The county court having jurisdiction of the subject matter thereof had full original jurisdiction to hear all questions and make all orders necessary to a complete adjustment of the rights of all the-parties interested. By a judicial rule, and by statute as well, that jurisdiction was exclusive, precluding the legitimate commencement of this suit in the circuit court unless .jurisdiction by the latter court existed under some of the exceptions to…
2Cases cited58 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Robert v. . CorningNew York Court of Appeals · 1882
- Harrington v. PierWisconsin Supreme Court · 1900
- Roe v. . VingutNew York Court of Appeals · 1889
53 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lindemann v. RuskWisconsin Supreme Court · 1905
- In re Moran's WillWisconsin Supreme Court · 1903
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Van Dyke v. First National BankSupreme Court of Minnesota · 1951
- Frame v. PlumbWisconsin Supreme Court · 1909
49 more not listed; retrieve them via the Exa API.