120 Wis. 377 | Wis. | 1904
The right of administration, while a very valuable one, is not inherent, but statutory. It may be given or withheld in the wisdom of the legislature. Under this power
These statutes would seem so direct and clear as to need' but their mention to make plain the appellant’s right to have-appointed the person requested by him, as to whose competency or suitability no question is raised; but the respondent, and apparently the court below, deemed these plain provisions controlled by sec. 3819, Stats. 1898, relating to the-appointment of the public administrator in certain cases. That section provides in substance that when any intestate-leaves no widow, surviving husband, or next of kin known-to the county court, living in this state, the court, upon its-own motion or upon the application of the public administrator, shall, if it deem necessary, grant administration to the public administrator, who may then proceed with the administration, “until administration . . . shall, upon.
By the CJourt. — The judgment of the circuit court is reversed, and the cause remanded with directions to enter judgment in accordance with the foregoing opinion; appellant’s taxable costs to be payable out of the estate.