Jones v. Roberts (In re Jones' Estate)

Decision Date21 March 1893
Citation54 N.W. 917,84 Wis. 465
PartiesIN RE JONES' ESTATE. JONES v. ROBERTS.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from circuit court, Columbia county; Robert G. Siebecker, Judge.

Petition to the county court by William J. Jones for the appointment of an administrator de bonis non with the will annexed of Robert Jones, deceased. The county court made an order denying such application, and from such order he appealed to the circuit court, and from a judgment of the circuit court affirming the order of the county court he appeals. Reversed.

The other facts fully appear in the following statement by CASSODAY, J.

It appears from the record, in effect, that Robert Jones died July 17, 1883, leaving, him surviving, no children, but a widow, Jane, the appellant, William J. Jones, his brother, and sisters and children of deceased sisters, and also leaving a considerable real and personal property, and also leaving a last will and testament executed March 28, 1878, and which was admitted to probate September 4, 1883, and in and by which he appointed his wife, Jane, to be the sole executrix of his will, and containing, among others, the following provisions, to wit: “Second. I give, devise, and bequeath to my said wife, Jane Jones, being my said executrix, all my estate, real, personal, or mixed, of which I shall die seised and possessed, or to which I shall be entitled at the time of my decease, to have and to hold the same to her for and during the term of her natural life, with remainder thereof, on her decease, as hereinafter named. Third. I will and direct my said wife, Jane Jones, being my said executrix, to give, devise, and bequeath two thirds (2/3) of my said estate to all or some of my nearest relations, to have and to hold the same to them, their heirs and assigns, forever, as soon as conveniently may be but within one year, after the decease of my said wife, Jane Jones: providing that my said wife is at liberty to divide said two thirds (2/3) of my estate to whomsoever of my said nearest relations as will look reasonable to her. As for the other one third (1/3) of my said estate, my said wife, Jane Jones, may give, devise, and bequeath the same to whomsoever she will chose.” That at the time of admitting said will to probate the county court ordered that the said Jane, as such executrix, give a bond to pay debts and legacies, in the sum of $500. That said Jane thereupon gave such bond in said sum, conditioned to pay or cause to be paid all the lawful debts, claims, and demands against the said deceased within such time as the court might order, and pay and deliver, or cause to be paid and delivered, to the several legatees mentioned in said will, the several legacies to them respectively bequeathed, according to the directions and true intent and meaning of said will, and to perform all orders and judgments of said county court by her to be performed in the premises. That on the same day said bond was duly approved, and it was ordered that letters testamentary on said estate be issued to the said Jane Jones, and such letters were thereupon issued to her as such executrix, wherein said court granted to her, as such executrix, the administration of all and singular the goods, chattels, rights, credits, and estate of said deceased, and in any way concerning his said will, unto her as sole legatee and heir under the will, and thereby empowering her to take and have possession of all the real and personal estate, except the homestead, of said deceased, and to receive the issues and profits thereof until said estate should be settled, or until delivered over by order of said county court to the devisees or heirs of said deceased, and in and by which she was directed to administer according to law and the will of said testator all the goods, chattels, rights, credits, and estate of said deceased which should come into her possession, and out of the same to pay and discharge all debts, legacies, and charges chargeable thereon, or such dividends thereon as should be ordered and adjudged by the county court, to render a just and true account of her administration to said court within one year, and as required by law, and to perform all orders and judgments of said court by her to be performed in the premises. That April 3, 1891, the said Jane died intestate. That May 5, 1891, the respondent, William D. Roberts, was appointed administrator of the estate of said Jane Jones, deceased. That July 16, 1891, the appellant, William J. Jones, petitioned the county court for the appointment of an administrator de bonis non with the will annexed of the estate of the said Robert Jones, deceased. That upon the hearing thereof the county court, September 22, 1891, denied said application. That October 17, 1891, the said William J. Jones appealed from said order denying said application to the circuit court, and gave the requisite bond. That upon the hearing thereof, and on March 15, 1892, the court made findings of fact to the effect mentioned; and as conclusions of law the court found, in effect, that the adjudication of the county court in receiving and approving the said bond of said Jane as such executrix is a final determination of the proceedings instituted to probate the will and administer the said estate, and that there was no longer any estate of said Robert Jones to be administered upon, and that no proceedings were pending to warrant the appointment of an administrator de bonis non; that the order of the court from which the appeal therein was taken, refusing to appoint such administrator, must be affirmed, with costs to the respondent, and judgment was ordered to be entered accordingly. That May 12, 1892, judgment was entered upon such findings, and it was therein ordered and adjudged that the said order of the county court denying the motion of the said William J. Jones to appoint an administrator de bonis non of the estate of Robert...

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27 cases
  • Armstrong v. Letty
    • United States
    • Oklahoma Supreme Court
    • March 14, 1922
    ... ... or to determine the effect of the will as a conveyance of real estate. A will of a full-blood Indian may be admitted to probate in the county ... 382; Greenwood v. Murray, Ex'r. 26 Minn. 259, 2 N.W. 945; In re Jones' Estate, 84 Wis. 465, 54 N.W. 917." 20 This case was followed and approved ... ...
  • Williams v. Williams
    • United States
    • Wisconsin Supreme Court
    • March 10, 1908
    ... ... Williams and another, individually and as executors of the estate of Henry V. Williams, deceased. From the judgment rendered, plaintiffs ... v. Oberbrunner, 40 Wis. 238;Brooks et al. v. Chappell, 34 Wis. 405;Jones v. Roberts, 84 Wis. 465, 54 N. W. 917;Baker et al. v. Baker, etc., 57 Wis ... ...
  • Fischer v. Sklenar
    • United States
    • Nebraska Supreme Court
    • July 14, 1917
    ... ... the settlement of the estate of Augustine Sklenar, deceased, ... in the county court of Burt county, ... King County, 239 U.S. 356, 60 L.Ed ... 327, 36 S.Ct. 114; Jones v. Roberts, 84 Wis. 465, 54 ... N.W. 917; State v. Probate Court of ... ...
  • In re Valentine's Will
    • United States
    • Wisconsin Supreme Court
    • April 14, 1896
    ... ... She also left about $2,500 worth of personal property, but no real estate. Her precise age is not stated in the record, but she seems to have been ... W. 696;Scott v. West, 63 Wis. 552, 24 N. W. 161, and 25 N. W. 18;Jones v. Roberts, 84 Wis. 465, 54 N. W. 917. In so far as the proceeding was to ... ...
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