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ESTATE OF REHFUSS

No. 223.

65 Wis.2d 409 (1974)

222 N.W.2d 617

ESTATE OF REHFUSS: REHFUSS, Appellant, v. LA CROSSE TRUST COMPANY, personal representative of the deceased, and others, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of Johns, Flaherty, Harman & Gillette, S. C., of La Crosse, and for the respondent La Crosse Trust Company on the brief of George M. Snodgrass and Englehard, Snodgrass & Goerdt, all of La Crosse; for the respondent La Crosse Foundation on the brief of Moen, Sheehan & Meyer, Ltd., of La Crosse; and for the respondent state of Wisconsin on the brief of Robert W. Warren, attorney, general, and James P. Altman, assistant attorney general.

Submitted under sec. (Rule) 251.54 October 3, 1974.

BEILFUSS, J.

The first issue is whether a decree refusing to extend the time for election against the will is an order or a judgment.

It is necessary to decide this question because if such a decree is a judgment, the order of September 5, 1972, is a judgment, and this court must decide whether the trial court abused its discretion in denying a late appeal...

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