Gerlach v. Thiem

The defendant’s basic contention is that the action, if maintainable at all, should have been brought in the probate court. We do not agree. While the probate jurisdiction in county court is extensive, the probate courts, unlike the circuit courts, have limited jurisdiction and possess only such powers as have been conferred by statute. Guardianship of Bose (1968), 39 Wis. 2d 80, 86, 158 N. W. 2d 337; Guardianship of Sykora (1956), 271 Wis. 455, 459, 74 N. W. 2d 164; Estate of George (1937), 225 Wis. 251, 263, 264, 270 N. W. 538, 274 N. W. 294. The jurisdiction of the county courts in probate…