Ford v. Ford (In re Ford's Estate)

• Decision Date: 17 November 1891
• Citation: 80 Wis. 565,50 N.W. 409
• Parties: IN RE FORD'S ESTATE. FORD v. FORD ET AL.
• Court: Wisconsin Supreme Court

80 Wis. 565

50 N.W. 409

IN RE FORD'S ESTATE.FORD

v.FORD ET AL.

Supreme Court of Wisconsin.

Nov. 17, 1891.

Appeal from circuit court, Dane county; ROBERT G. SIEBECKER, Judge. Affirmed.

This action was commenced by petition of J. C. Ford, executor of the estate of Francis F. Ford, deceased, to vacate an order of allowance to Margaret G. Ford, the widow, and Marcus C. Ford, son, of deceased. Issue was formed and trial had, resulting in granting the petition, from which an appeal was taken to the circuit court, and there reversed, the original allowance being modified. The executor appeals.

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

Francis F. Ford, a citizen and resident of this state, died testate January 26, 1886, leaving real estate in several states, and personal property. His will was duly probated in the county court of Dane county, May 17, 1886. An action to obtain a construction of the will was brought by the executor, Joseph C. Ford, in the circuit court of Dane county, and came to this court by appeal. The provisions of the will, and the construction thereof, appear in the report of the case in 70 Wis. 19, 33 N. W. Rep. 188. Mrs. Ford duly renounced the provision made for her in the will of her husband, and elected to take under the statute. The family of the testator, at his decease, consisted of his widow, Margaret G. Ford, and his son and only child, Marcus C. Ford, then 12 years of age. June 1, 1886, the county court made an order allowing to the family of the testator out of his estate, for their support, $1,000, payable as soon as practicable, and $2,000 per annum thereafter, in installments of $500 each, payable quarter yearly, commencing August 1, 1886, until the further order of the court. After denying two petitions of the executor to vacate and annul such order of allowance, the county court granted a third petition of the executor therefor, which petition was presented to the court, August 10, 1889. The order in that behalf was made February 5, 1890, and is as follows: “Ordered that the said order of allowance, which order was made by this court on June 1, 1886, and provided for the payment to the said Margaret G. Ford, for her support and the support of her minor child, Marcus C. Ford, of the sum of two thousand dollars per annum, be, and the same is hereby, vacated and discontinued from and after July 18, 1889.” From this order Mrs. Ford, for herself, and as guardian of her son, Marcus, appealed to the circuit court. Upon a hearing of the appeal, the circuit court reversed the order of the county court of February 5, 1890, vacating the order of allowance of June 1, 1886, and modified such last-mentioned order so that, after August 10, 1889, $600 per annum should be allowed out of the estate for the support of Marcus until the further order of the court. The order and judgment fixes dates for the payment of such allowance, and provides that if, in the final settlement, the executor has not realized sufficient money out of the personal property of the estate to cover such allowance, the deficiency shall be charged to Marcus as an advancement...