105 Wis. 464 | Wis. | 1900
The only question for determination on this appeal is whether the plaintiff was legally appointed administrator of the estate of said Luebke. The application for administration was made April 23, 1898. The defendant insists that, inasmuch as it is alleged in the petition that Luebke was last seen at Leadville, Colorado, on April 29, 1891, and the application for administration was made April
Notwithstanding the question of death may have been determined by the probate court, the fact that the supposed decedent is alive could have been shown. Such showing would have established the nullity of the entire proceeding. Melia v. Simmons, 45 Wis. 334; Brown, Jurisdiction, § 124. But no such showing was made by defendant. Its defense is based entirely upon alleged imperfections in the probate proceedings, which, as we have seen, has no substantial ground to rest upon.
By the Court.— The judgment of the circuit court is affirmed.