2001 Wisconsin Act 102

893.46 Acknowledgment, who not bound by. If there are 2 or more joint contractors or joint administrators personal representatives of any contractor , no such joint contractor, executor or administrator joint personal representative shall lose the benefit of this chapter so as to be chargeable by reason only of any acknowledgment or promise made by any other of them.

102,155 Section 155. 893.47 of the statutes is amended to read:

893.47 Actions against parties jointly liable. In actions commenced against 2 or more joint contractors or joint executors or administrators personal representatives of any contractors, if it shall appear, on the trial or otherwise, that the plaintiff is barred by this chapter as to one or more of the defendants, but is entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom the plaintiff is entitled to recover and for the other defendant or defendants against the plaintiff.

102,156 Section 156. 893.49 of the statutes is amended to read:

893.49 Payment by one not to affect others. If there are 2 or more joint contractors or joint executors or administrators personal representatives of any contractor, no one of them shall lose the benefit of this chapter, so as to be chargeable, by reason only of any payment made by any other of them.

102,157 Section 157. 895.02 of the statutes is amended to read:

895.02 Measure of damages against executor personal representative. When any action mentioned described in s. 895.01 (1) shall be prosecuted to judgment against the executor or administrator personal representative, the plaintiff shall be entitled to recover only for the value of the goods taken, including any unjust enrichment of the defendant, or for the damages actually sustained, without any vindictive or exemplary damages or damages for alleged outrage to the feelings of the injured party.

102,158 Section 158. 895.031 of the statutes is amended to read:

895.031 Recovery from estate of wrongdoer. Whenever If the death of a person shall be is caused by a wrongful act, neglect or default and the act, neglect or default is such as would or omission committed in this state that, if death had not ensued, would have entitled the party injured party to maintain an action and recover damages in respect thereof, then in every such case, and the wrongdoer who would have been liable if death had not ensued, although such wrongdoer shall die dies prior to the time of the death of such the injured person, the wrongdoer shall be liable to an action for damages notwithstanding the wrongdoer's prior either death and notwithstanding the death of the person injured; provided that such action shall be brought for a death caused in this state. Any right of action which may accrue by such injury to the person of another although the death of the wrongdoer occurred prior thereto against a deceased wrongdoer under this section shall be enforced by bringing an action against the executor or administrator or deceased wrongdoer's personal representative of such deceased wrongdoer.

Note: This treatment attempts to reduce wordiness.

102,159 Section 159. 895.38 (5) of the statutes is amended to read:

895.38 (5) The procedure for hearing, settling, and allowing such the principal's account shall be according to the practice prescribed by ch. 862 in the matter of account of executors and administrators for personal representatives. Upon the trust fund or estate being found or made good and paid over or properly secured, such the surety shall be discharged from all liability. Upon demand by the principal, the discharged surety shall return the unearned part of the premium paid for the canceled bond.

102,160 Section 160. 895.41 (3) (a) (intro.) of the statutes is amended to read:

895.41 (3) (a) (intro.) In case an employee who was required to give a cash bond dies before the cash bond is withdrawn in the manner provided in sub. (1), the accounting and withdrawal may be effected not less than 5 days after the employee's death and before the filing of a petition for letters testamentary or of other letters authorizing the administration in the matter of the decedent's estate, by the employer with any of the following, in the following order:

102,161 Section 161. 895.41 (3) (d) of the statutes is amended to read:

895.41 (3) (d) If no relatives designated under par. (a) survive, the employer may apply the cash bond, or so much thereof of the cash bond as may be necessary, to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by executors and administrators personal representatives. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.

102,162 Section 162 . 895.42 (1) of the statutes is renumbered 895.42 (1) (b) (intro.) and amended to read:

895.42 (1) (b) (intro.) In case If in any proceeding in any court of record it is determined that moneys or other personal property in the custody of or under the control of any administrator, executor personal representative, trustee, receiver, or other officer of the court, belongs to a natural person if the person is alive, or to an artificial person if it is in existence and entitled to receive, and otherwise to some other person, and the court or judge making such determination finds that there is not sufficient evidence showing that the natural person first entitled to take is alive, or that the artificial person is in existence and entitled to receive, or in case such money or other personal property, including any legacy or share of intestate property cannot be delivered to the legatee or heir or person entitled thereto because of the fact that such person is a member of the military or naval forces of the United States or any of its allies or is engaged in any of the armed forces abroad or with the American Red Cross society or other body or other similar business, then in either or any of such cases any of the following, the court or judge may direct that the officer having custody or control of such the money or other personal property, to deposit the same in the money or property with any trust company, or any state or national bank within the state of Wisconsin authorized to exercise trust powers, taking its:

(c) Any officer depositing money or property with a trust company under par. (b), shall take the trust company's receipt therefor, and the said for the deposit. The receipt shall, to the extent of the deposit so made, constitute a complete discharge of the said officer in any accounting made by the officer made in said the proceeding.

Note: This treatment attempts to reduce wordiness and redundancies and to make terminology throughout the section consistent with other statutes.

102,163 Section 163. 895.42 (1) (a) of the statutes is created to read:

895.42 (1) (a) In this subsection, "trust company" means any trust company or any state or national bank in this state that is authorized to exercise trust powers.

Note: This definition is created to simplify sentence structure.

102,164 Section 164. 895.42 (1) (b) 1. and 2. of the statutes are created to read:

895.42 (1) (b) 1. That there is not sufficient evidence showing that the natural person first entitled to take is alive, or that the artificial person is in existence and entitled to receive.

2. That the money or other personal property, including any legacy or share of intestate property, cannot be delivered to the person entitled to the money or property because the person is a member of the military or naval forces of the United States or any of its allies or is engaged in any of the armed forces abroad or with the American Red Cross society or other body or similar business.

Note: See Section 162 of this bill.

102,165 Section 165. 898.27 of the statutes is amended to read:

898.27 Assignment of bond. If any such bond shall be given under s. 898.17 is forfeited, the party at whose suit the person executing the same bond shall have been confined or, in case of his or her death, the executor or administrator of such party that party's personal representative, shall be entitled to an assignment thereof of the bond, which shall be made by the sheriff taking the same, or, in case of a vacancy in the sheriff's office, by the sheriff's undersheriff.

102,166 Section 166. 990.01 (7) of the statutes is repealed.

Note: The term "executor" is removed from the statutes by this bill.

102,167 Section 167. 990.01 (27m) of the statutes is created to read:

990.01 (27m) Personal representative. "Personal representative" means a person, however denominated, who is authorized to administer a decedent's estate.