Dollard v. Minahan (In re Estate of Byrne)

• Decision Date: 07 January 1930
• Parties: IN RE ESTATE OF MARY BYRNE, DEC'D. FRANCIS DOLLARD ET AL., APPELLANTS, v. ELIZABETH MINAHAN ET AL., RESPONDENTS.
• Court: Wisconsin Supreme Court

201 Wis. 76

228 N.W. 436

IN RE ESTATE OF MARY BYRNE, DEC'D.

FRANCIS DOLLARD ET AL., APPELLANTS,

v.ELIZABETH MINAHAN ET AL., RESPONDENTS.^a1

Supreme Court of Wisconsin.

Jan. 7, 1930.

Appeal from a judgment of the County Court of Calumet County; Helmuth F. Arps, County Judge. Affirmed.

Petition filed July 24, 1928; judgment entered May 10, 1929.

This is an appeal from a judgment assigning the residue of the estate of Mary Byrne, pursuant to the last will and testament of the said Mary Byrne, deceased. The estate was assigned to the heirs of John Traynor, deceased, and the heirs of John Dollard, deceased, who claim that the estate should have been assigned to them, appeal.McGovern, Lyons, Curtis, Devos & Reiss, of Milwaukee, for appellants.

E. D. Minahan, of Rhinelander, W. K. Parkinson, of Phillips, L. P. Fox, of Chilton, and Thompson, Hessian & Fletcher and John J. McKasy, all of Minneapolis, Minn., for respondents.

CROWNHART, J.

There being one vacancy, only six members of the court participated in the decision of this case. The members of the court are equally divided in opinion upon the questions presented upon this appeal. Mr. Justice OWEN, Mr. Justice STEVENS, and Mr. Justice FOWLER are of the opinion that the judgment should be reversed. Chief Justice ROSENBERRY, Mr. Justice FRITZ, and the writer are of the opinion that the judgment should be affirmed. Under the well-established rule, it follows that the judgment appealed from is affirmed.

Judgment affirmed.

a1. Rehearing denied March 4, 1930, with $25 costs.