In Matter of Estate of Smith

The question presented on this appeal is whether a trial judge, under the provisions of sec. 806.07(1) (h), Stats., has jurisdiction to exercise discretion to vacate findings of fact, conclusions of law, and a judgment previously entered and to substitute therefor, on the basis of the same record, new findings, conclusions, and judgment.

The appeal is from a judgment entered in the course of a probate proceeding. The facts show that Dorothy W. Smith, the decedent, was the mother of Florence S. Grodin, Geraldine Aaron, and Malcolm N. Smith.

• Following the death of Dorothy Smith, on June 3,…