164 Wis. 41 | Wis. | 1916
We do not find it necessary to decide whether the word “administrator” in sec. 4031, Stats., includes an administrator appointed under the laws of another state. This may admit of doubt. In any event, however, the foreign administrator here is in no respect injured by the dismissal of his appeal. This results because, (1) when a person dies testate, primary jurisdiction to probate his will and grant letters testamentary vests in the county court of the testator’s residence at his death (Will of Hess, 97 Wis. 244, 72 N. W. 638; 18 Cyc. 67); (2) it was necessarily decided by the Kenosha county court, when it probated Dur-kee’s will. and assumed general and primary jurisdiction of the estate, that Durkee was a resident of that county;
By the Court. — Judgment affirmed.