ESTATE OF AUSTIN


258 Wis. 578 (1951)

ESTATE OF AUSTIN: NEWPORT, Plaintiff, vs. AUSTIN and another, Defendants. [Two appeals.]

Supreme Court of Wisconsin.

March 6, 1951.


Attorney(s) appearing for the Case

For the plaintiff there was a brief by Stephens, Cannon, Bieberstein & Cooper, and oral argument by Frank M. Coyne, all of Madison.

For the defendant Clarke A. Austin there was a brief by Backus & Backus of Milwaukee, and oral argument by August C. Backus.

For the defendant First National Bank of Madison, trustee, there was a brief by Hammond & Hammond of Kenosha, and oral argument by Walter W. Hammond.


BROADFOOT, 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...

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