WILL OF KUTTIG


260 Wis. 415 (1952)

WILL OF KUTTIG: KUTTIG, Appellant, vs. PETERSON, Respondent.

Supreme Court of Wisconsin.

January 8, 1952.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of Harold H. Fuhrman of Milwaukee.

For the respondent there was a brief by Hippenmeyer & Callow of Waukesha, and oral argument by Richard S. Hippenmeyer.


MARTIN, J.

It is alleged in the petition that the assignment of interest filed on December 10, 1947, was signed by appellant as a blank piece of paper; that she did not authorize her attorney to withdraw her objections to the probate or her claims against the estate. Counsel contends, therefore, that the order closing the estate was procured by fraud upon the court and should be vacated.

If there was any fraud, it was not a fraud upon the court. The court...

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