Palmer v. O'Rourke
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Nock county: B. E. DuNwiddie, Circuit Judge. Action to recover money alleged to bave been converted by defendant to bis own use. Tbe complaint was to this effect: Tbe plaintiff is tbe administrator of tbe estate of Mary O’Nourke and brings tbis action as sucb. October 1, 1897, sbe died intestate in said ■county of Nock, where plaintiff, December 16, 1904, was duly appointed administrator as aforesaid.
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Appeal from an order of tbe circuit court for Nock county: B. E. DuNwiddie, Circuit Judge. Action to recover money alleged to bave been converted by defendant to bis own use. Tbe complaint was to this effect: Tbe plaintiff is tbe administrator of tbe estate of Mary O’Nourke and brings tbis action as sucb. October 1, 1897, sbe died intestate in said ■county of Nock, where plaintiff, December 16, 1904, was duly appointed administrator as aforesaid. October 9, 1894, there was awarded to her $1,923.30 by tbe county court of said county as her share of tbe estate of her son, of which defendant was…
1Opinion of the CourtMarshall, J.
According to the facts alleged in respondent’s complaint there is no room for reasonable controversy but that the right to the property in question vested in respondent as administrator of the estate of Mary O’Eourke immediately upon his becoming such administrator. Upon the death of any person possessed of personal estate the legal title-thereto and the right to possession thereof vests in his personal representative and can only reach the heirs, ultimately entitled thereto, by due course of administration. Therefore in the absence of some sufficient equity in favor of an heir who may have…
2Cases cited2 opinions
- Emerson v. NashWisconsin Supreme Court · 1905
- Curran v. WitterWisconsin Supreme Court · 1887
3Cited by9 opinions
- Pietraszwicz v. PietraszwiczWisconsin Supreme Court · 1921
- Walberg v. St. Francis Home, Inc.Wisconsin Supreme Court · 2005
- Matthiessen v. CommissionerUnited States Board of Tax Appeals · 1925
- Morse v. HayesMichigan Supreme Court · 1908
- Estate of Jacobus v. RogersWisconsin Supreme Court · 1934
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