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ESTATE OF POULSEN

No. 167.

54 Wis.2d 139 (1972)

194 N.W.2d 598

ESTATE OF POULSEN: POULSEN, Appellant, v. FIRST NATIONAL BANK & TRUST COMPANY OF RACINE, Executor, Respondent.

Supreme Court of Wisconsin.

Decided February 29, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Weber, Gerard & Bonk of Racine, and oral argument by Myron J. Bonk.

For the respondent there was a brief by Konnak, Constantine & Krohn of Racine, and oral argument by Harold A. Konnak.

HALLOWS, C. J.

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 allegation of mistake, inadvertence, surprise, or excusable neglect, and the application was not made within one year of the notice...

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