103 Wis. 98 | Wis. | 1899
This is an appeal from an order of the circuit court entered June 25,1898, allowing Marga/ret Devoid-
In addition to such verified petition, said order was based upon affidavits of Margaret Davidson and Margaret K. Dm-idson, filed in the case, and the testimony of Charles L. Eifield, taken in open court, and upon all the papers made and filed’therein, and the affidavits of Annie Oakley, W. A. Jackson, and John Anderson, and the testimony of John W. Sale, county judge, and George S. Sale, taken in open court. It appeared from the affidavits and testimony in opposition to such application that during January, February, and the early part of March, 1898, the parties made efforts to settle the controversy without further litigation; that, as a result of such negotiations, a written instrument was drawn up, and signed by Margaret Davidson and Margaret K. Davidson, as parties of the first part, and Annie Oakley, Margaret Moriarity, and Thomas Griehton, as parties of the second part, March 15, 1898, whereby the parties of the second part agreed to pay to the parties of the first part $500, to be in full of all claim and demand in and to the estate under and by virtue of the will, but that there is no claim that anything was in fact paid; that Oreen was not a party to such agreement to settle, and never signed such paper; that sis days after it was so signed by the other parties, Margaret Dmidson and Margaret K. Dmidson gave notice to the parties of the second part thereto that they thereby rescinded and declared such agreement void and of no effect, and thatsuch rescission was made on account of fraud, false representations, and duress in procuring their signatures.
The statute provides that, “ If any person aggrieved by any act of the county court . . . shall, from any cause without fault on his part, have omitted to take his appeal according to law, the circuit court of the same county may, if it shall appear that justice requires a revision of the case, on the petition of the party aggrieved, and upon such terms and
By the Cowrt.— The order of the circuit court is affirmed.