777.19 History
History: 1977 c. 449;
1979 c. 32 ss.
55,
92 (7); Stats. 1979 s. 777.19.
777.20
777.20
Contribution among heirs. Any of the heirs against whom recovery shall be had pursuant to
ss. 777.18 and
777.19 may maintain an action against the other heirs to whom any such assets may have been paid or delivered, jointly or against any of them separately, for a just and equal contribution; and shall be entitled to recover of each defendant an amount which shall be in the same proportion to the sum collected of the plaintiff as the value of the assets delivered to such defendant bore to the value of all the assets delivered to all the heirs.
777.20 History
History: 1979 c. 32 ss.
55,
92 (7); Stats. 1979 s. 777.20.
777.21
777.21
Recovery against legatee; contribution. 777.21(1)
(1) If the action is brought against all the legatees and devisees the plaintiff shall not recover unless the plaintiff shows, in addition to the facts required to be shown in an action against the heirs: that no assets were delivered by the executor or administrator to the heirs; or that the value of such assets has been recovered by some other creditor; or that such assets are not sufficient to satisfy the demands of the plaintiff; and in the last case the plaintiff is entitled to recover the deficiency.
777.21(2)
(2) If the action be brought against a preferred legatee or devisee or a preferred class the plaintiff must also show the same matters as to the legatee or devisee or class to whom the defendants are preferred as is above required to be shown as to the heirs. And any legatee or devisee against whom recovery shall be had may maintain an action for contribution against others of the same class as heirs may among themselves.
777.21(3)
(3) Specific legacies and devises are preferred to residuary ones.
777.21 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.21.
777.22
777.22
Payment a discharge. In case of any judgment against several heirs or legatees or devisees the payment or satisfaction of the amount recovered against any one of the defendants shall discharge such defendant from the judgment and from execution thereon.
777.22 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.22.
777.26
777.26
Accounts as evidence. The account of the executor or administrator, settled by the proper circuit court, may be used in any action brought under the provisions of this chapter as presumptive evidence of any matter of fact stated therein.
777.26 History
History: 1977 c. 449 s.
497;
1979 c. 32 s.
55; Stats. 1979 s. 777.26.
777.28
777.28
Limit of liability. When part of the plaintiff's debt has been collected the plaintiff can recover only the residue remaining unpaid; and when the action is against the devisees and legatees the plaintiff shall recover only such part thereof as shall not be recoverable from the heirs.
777.28 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.28.
777.29
777.29
Debts charged upon realty not affected. Nothing in this chapter shall affect the liability of heirs or beneficiaries for any debt of their decedent, which was by the decedent's will expressly charged upon property or made payable exclusively out of particular property or of any beneficiary made exclusively liable for any such debt.
777.29 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.29.
777.32
777.32
Judgment, how collected. If any real estate which descended or was devised to any defendant is not aliened by the defendant before the filing of a notice of the pendency of the action the court shall adjudge that the debt of the plaintiff, or the portion thereof which the plaintiff is entitled to recover against such defendant, shall be levied out of such real estate so descended or devised, and not otherwise.
777.32 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.32.
777.36
777.36
Debts, order of payment. When the next of kin, legatees, heirs or devisees are liable for demands against the decedent as prescribed in this chapter they shall be given preference in the payment of the same and shall be liable therefor in the following order:
777.36(1)
(1) Debts entitled to preference under the laws of the United States.
777.36(2)
(2) Judgments entered in the judgment and lien docket against the decedent, according to the respective priority of the judgments.
777.36(3)
(3) All other debts arising or growing out of any contract.
777.36 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.36;
1995 a. 224.
777.38
777.38
Defenses. The next of kin, legatees, heirs and devisees may show that there are debts of a prior class unsatisfied or that there are unpaid debts of the same class with that on which the action is brought; and if it appear that the value of the personal property delivered to them or of the real estate descended or devised to them does not exceed the debts of a prior class judgment shall be rendered in their favor.
777.38 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.38.
777.39
777.39
Extent of liability. If the personal property delivered to such next of kin or legatee, or if the real estate descended or devised to such heirs or devisees, exceed the amount of debts which are entitled to a preference over the debt for which the action is brought judgment shall be rendered against them only for such a sum as shall be a just proportion to the other debts of the same class with that on which the action is brought.
777.39 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.39.
777.40
777.40
Preferred debts deducted. If any debt of a prior class to that on which the action is brought, or of the same class, shall have been paid by any next of kin, legatees, heirs or devisees they may give evidence of such payment, and the amount of debts so paid shall be estimated in ascertaining the amount to be recovered in the same manner as if such debts were outstanding and unpaid as prescribed in
ss. 777.38 and
777.39.
777.40 History
History: 1979 c. 32 ss.
55,
92 (7); Stats. 1979 s. 777.40.
777.41
777.41
Rights and liabilities of posthumous child and witness to will. A child born after the making of a will who is entitled to succeed to a portion of the real or personal property or both of the testator, or a witness to a will who is entitled to recover any portion of such property from the legatees or devisees, shall have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover of the legatees or devisees such portion of the property as belongs to him or her, or to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other persons who are entitled to any part of such estate and shall be equally liable to the creditors of the decedent under this chapter.
777.41 History
History: 1979 c. 32 s.
55; Stats. 1979 s. 777.41;
1993 a. 486.
777.42
777.42
Estate of deceased heir liable. The estate of any heir, devisee, legatee or next of kin of decedent who dies before paying his or her just share of the decedent's debts is liable therefor, as for personal debt, to the extent to which he or she would have been liable if living.
777.42 History
History: 1979 c. 32 s.
55;
1979 c. 176; Stats. 1979 s. 777.42.
