Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1847-04-10
GrantU. =. District Court March Term
On appeal from The Judge Of Probate Of Grant
COUNTY. W. IT,


nett, appellants.
Ed Herald A, your request. mere pre- \
sent Won with memorandum Of the legal po-
silions insisted on by the undersigned. as coun-
sci for WIN. Burnett and J. Fl D Street. who
osalioned the Court Of Probate Of this comfy. /
for a revocation Of the letters Of administration
granted 10 Alfred Bronson and Henry Patch
on the estate Of the Hon. +. P. Burnett. de-
ceased.
Ills known that the Probate Court revoked
the letters in January last, and from his decis-
ion the administrators appealed 10 The District
Courl a, i,s present March Term.
The facts Of lhs case 10 which the law was
10 be applied were these:
Thomas p. Burnett died on the 5Ih Of No-
sember last, leaving two infant ehildren-boih
his parents being dead.
Five days sfer his decease, B & ?. petit
toned for letters Of administration. though
on the day Of bis burial they had been appon
ted curslOrs with all powers necessary to pre-
serve and protect The property.
Ten days after the decease Of Mr.. Burnett.
absolute letters were granted according TO their
request.
/, was proven that VIM Burnett and Emily
A Street The wife Of J. Fl ID. Street, were the
brother aud sister Of The deceased.
For the petitioners. i, was insisted that they
were proven TO be the nexi Of kiu to The inies-
tate Who were Of awful age, and as such. en-.
titled to e..ers. Stat SOl That B. & P.
were not related, nor even creditors Of The .le.
ceased.
Tha, the letters granted TO D e. P. before
the expiration of 80 days were at least voda.
bic. if not void
7 That he Probate court could. and ought Of
lie own will to revoke letters granted contrary
TO law. even should it re grant them after the
80 days expired, to the same individuals. All
courts having The right 10 correct errors in.
to which they have been inadvertently led.
Tha, b & p by procuring letters before
the30 statutory days Of mourning were expired,
could no, take advantage Of their own wrong,
or be es On 10 SO good condition as our appli.
cant who exercised the virtue Of patience,
whether that applicant was mex, Of kin or not.
That no citation had been issued to the pc
li,ioners. and even had there been such. admin
istralion could not be granted 10 strangers be-
fore tho time limited in The statute had expr
ed
That the ex administrators having produced
will and asked probate thereof Of ihe Probate
Court they hereby renouuced their letters
thai il they claimed thai the deceased had io-
vested them with power to administer il.
was denial Of all authority 90 the Parl of the
Probate Cour, 10 do the same
Barber and Mills for petitioners.
The counsel for the defendants, were Mel.
son Dewey, Esq. and Messrs. Dunn q Craw-
ford. Mr. Crawford has politely furnished rs
with the grounds taken BY The defence. viz :;
The following points were taken on the
patt Of the appellants in the matter Of the re-
vocation Of the letters Of administration.
let. The infant son Of the deceased being
the next of kin was eRillled 10 administration
as personal RICH, under the statute bot being
under the age Of 81 wears, The mex, Of kin Of
the infant was entitled during the minority Of
/ said infant to letters Of administration.
81. The appellant, Bronson. being the ma
terual grandfather nhe father, mother, paier
nal GRANDPA her and pa'erna grandmother be-
ing dead) was mex, of kin in the direct as
esnding line. 10 The second degree. and wss
,herefnre entitled 10 letters of administration
.daranie miuori,ale.' 10 preference TO the ap
pellee Burnett. who was the pa,efnal uncle
and related to the infant colla,eraIly in the
third degree only
80. The letters were granted BY a court
haviog full Jurisdiction Of the subject matter:
and even il the letters Of administration should
have been granted to another Of the next
Of kin. We, the letters granted are no, merely
void. bo onlv voidable.
4'h. The Couu Of Probate in this Terrific
~ is eourt solely created by statute. and be
ing a couri Of limited jurisdiction, il mus, look
to the law OF sia;o,e creating l.. for authority
and power either expressed or necessarily i'm
pied. Cor all i,s acts
4Jb. The statute creating Conr, Of Probate
does not authorize said court 10 revise or re-
view its own decisions, when once complete
l. made. nor 10 revoke OF annul administration
granted In a case. such as the present; the
eases 10 which il possesses such power. are
pointed gu, in he statute.
Oh. The statute makes provision for an al
peal 10 The District Coori. 10 revoke decisious
BY the Judge ef pfohsie--lhis by necessary
legal implication pteelndes arr rsvisin 9 OF