Rehfuss v. La Crosse Trust Co.

The first issue is whether a decree refusing to extend the time for election against the will is an order or a judgment.

It is necessary to decide this question because if such a decree is a judgment, the order of September 5, 1972, is a judgment, and this court must decide whether the trial court abused its discretion in denying a late appeal under see. 879.31, Stats. It has been held that matters in probate are special proceedings, subject to the rule that decrees entered therein are orders and not judgments. Estate of Stoeber (1967), 36 Wis. 2d 448, 153 N. W. 2d 599. Notwithstanding this…