Legal Opinion

Newport v. Austin

Wisconsin Supreme Court

Decided March 6, 1951PublishedCited by 3 opinions

1Opinion of the CourtBroadfoot, J.

We have recently held in three cases that the county court has no jurisdiction to construe a will after the time has expired to appeal from, or move to modify or set aside, the final judgment in an estate. Estate of White, 256 Wis. 467, 41 N. W. (2d) 776; Estate of Larson, 257 Wis. 579, 44 N. W. (2d) 535; Estate of Lenahan, ante, p. 404, 46 N. W. (2d) 352. That time had expired when this proceeding was instituted. The county court had no jurisdiction to hear appellant’s petition to construe the will. The county court treated the petition as one for the construction of the final judgment in…

2Cases cited3 opinions

  1. Estate of WhiteWisconsin Supreme Court · 1950
  2. La Crosse Trust Co. v. HolmlundWisconsin Supreme Court · 1950
  3. Lenahan v. LenahanWisconsin Supreme Court · 1951

3Cited by3 opinions

  1. Fritsch v. WepkingWisconsin Supreme Court · 1951
  2. Estate of StrangeWisconsin Supreme Court · 1959
  3. Fritsch v. WepkingWisconsin Supreme Court · 1951

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