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

CourtUnited States State Supreme Court of Wisconsin
Citation80 Wis. 565,50 N.W. 409
Decision Date17 November 1891
PartiesIN RE FORD'S ESTATE. FORD v. FORD ET AL.

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...

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6 practice notes
  • Mayer's Estate, In re
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...'Wisconsin Law Relating to Protection of the Family the Death of the Property Owner,' 1960 Wisconsin Law Review, 110, 111. 3 (1891), 80 Wis. 565, 50 N.W. 4 Id., at page 569, 50 N.W. at page 410; in accord are Baker v. Baker (1881), 51 Wis. 538, 549, 8 N.W. 289; Estate of Sullivan, supra, fo......
  • Fletcher v. Fletcher (In re Fletcher's Estate), No. 15,387.
    • United States
    • Supreme Court of Nebraska
    • January 9, 1909
    ...secured by fraud, will relate to future, and not accrued, allowance. Baker v. Baker, 51 Wis. 543, 8 N. W. 289;Ford v. Ford, 80 Wis. 568, 50 N. W. 409;Harshman v. Slonaker, 53 Iowa, 467, 5 N. W. 685. In Rieger v. Schaible (Neb.) 115 N. W. 560, we held squarely that an order allowing the surv......
  • In re Estate of Fletcher, 15,387
    • United States
    • Supreme Court of Nebraska
    • January 9, 1909
    ...order was not secured by fraud, will relate to future, and not accrued, allowance. Baker v. Baker, 51 Wis. 538, 8 N.W. 289; Ford v. Ford, 80 Wis. 565, 50 N.W. 409; Harshman v. Sloanaker, 53 Iowa 467, 5 N.W. 685. In Rieger v. Schaible, 81 Neb. 33, 115 N.W. 560, we held squarely that an order......
  • Jankewicz' Estate, In re
    • United States
    • Wisconsin Supreme Court
    • February 1, 1966
    ...matter of allowances is a matter within the discretion of the probate court. As this court said in Ford v. Ford [(1891), [29 Wis.2d 721] 80 Wis. 565, 569, 50 N.W. 409] in upholding an allowance by the circuit "Under all the circumstances, the allowance seems quite reasonable, and no good re......
  • Request a trial to view additional results
6 cases
  • Mayer's Estate, In re
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...'Wisconsin Law Relating to Protection of the Family the Death of the Property Owner,' 1960 Wisconsin Law Review, 110, 111. 3 (1891), 80 Wis. 565, 50 N.W. 4 Id., at page 569, 50 N.W. at page 410; in accord are Baker v. Baker (1881), 51 Wis. 538, 549, 8 N.W. 289; Estate of Sullivan, supra, fo......
  • Fletcher v. Fletcher (In re Fletcher's Estate), No. 15,387.
    • United States
    • Supreme Court of Nebraska
    • January 9, 1909
    ...secured by fraud, will relate to future, and not accrued, allowance. Baker v. Baker, 51 Wis. 543, 8 N. W. 289;Ford v. Ford, 80 Wis. 568, 50 N. W. 409;Harshman v. Slonaker, 53 Iowa, 467, 5 N. W. 685. In Rieger v. Schaible (Neb.) 115 N. W. 560, we held squarely that an order allowing the surv......
  • In re Estate of Fletcher, 15,387
    • United States
    • Supreme Court of Nebraska
    • January 9, 1909
    ...order was not secured by fraud, will relate to future, and not accrued, allowance. Baker v. Baker, 51 Wis. 538, 8 N.W. 289; Ford v. Ford, 80 Wis. 565, 50 N.W. 409; Harshman v. Sloanaker, 53 Iowa 467, 5 N.W. 685. In Rieger v. Schaible, 81 Neb. 33, 115 N.W. 560, we held squarely that an order......
  • Jankewicz' Estate, In re
    • United States
    • Wisconsin Supreme Court
    • February 1, 1966
    ...matter of allowances is a matter within the discretion of the probate court. As this court said in Ford v. Ford [(1891), [29 Wis.2d 721] 80 Wis. 565, 569, 50 N.W. 409] in upholding an allowance by the circuit "Under all the circumstances, the allowance seems quite reasonable, and no good re......
  • Request a trial to view additional results

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