877.40 Preferred debts deducted. If any debt of the decedent that is of the same or a prior class to that on which an action is brought has been paid by any next of kin, legatee, heir, or devisee, that person may give evidence of the payment, and the amount of debts so paid shall be estimated in ascertaining the amount to be recovered in the same manner as if those paid debts were outstanding and unpaid as prescribed in ss. 877.38 and 877.39.
History: 1979 c. 32 ss. 55, 92 (7); Stats. 1979 s. 777.40; 2001 a. 102 s. 124; Stats. 2001 s. 877.40.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 877 - Actions by and against personal representatives, heirs, and legatees.
877.01 - Tort actions on surviving causes.
877.03 - Multiple personal representatives to be considered one.
877.05 - Judgment not to bind realty.
877.07 - Authority of deceased personal representative's personal representative.
877.08 - Liability as executor of his or her own wrong.
877.14 - Rebuttal of inventory.
877.16 - Foreign personal representatives empowered to act.
877.17 - Actions against personal representatives; when allowed; when not.
877.18 - Action to recover from heirs, legatees; parties defendant.
877.19 - Action against heirs and legatees; what may be recovered; costs.
877.20 - Contribution among heirs.
877.21 - Recovery against legatee; contribution.
877.26 - Accounts as evidence.
877.29 - Debts charged upon realty not affected.
877.32 - Judgment, how collected.
877.36 - Debts, order of payment.
877.40 - Preferred debts deducted.
877.41 - Rights and liabilities of posthumous child and witness to will.