Helgert v. Luedke

Three questions of procedure are presented on this appeal:

First, is appellant a party in interest within the meaning of sec. 310.045, Stats.?

*459Second, is appellant guilty of laches ?

Third, is appellant estopped from petitioning for the probate of the will?

For the reasons indicated below our answer to the first question is “Yes,” and to the second and third, “No.” Thus, we reach the final and obviously most crucial issue: As a matter of law, was the will revoked, in toto ?

Interested, Party.

Pointing out that appellant was neither an heir nor specifically named in the will, the trial court found…