Poulsen v. First National Bank & Trust Co. of Racine

The sole issue is whether the finding by the trial court that the executor had not committed fraud so as to warrant opening up the estate is supported by the evidence. This estate could not be reopened under sec. 269.46, Stats., 1 because there is no allega tion of mistake, inadvertence, surprise, or excusable neglect, and the application was not made within one year of the notice of judgment. Fraud is a ground for reopening an estate and has no such arbitrary rule, except perhaps if sec. 893.19 (7) is applicable, but may be asserted and granted on an equitable ground. Estate of Strange…