IN MATTER OF ESTATE OF SMITH

No. 76-201.

82 Wis.2d 667 (1978)

264 N.W.2d 239

IN MATTER OF ESTATE OF SMITH, Deceased: GRODIN, Petitioner-Appellant, v. SMITH, Personal Representative, Respondent.

Supreme Court of Wisconsin.

Decided April 5, 1978.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Harold E. Haltner of Milwaukee.

For the respondent the cause was submitted on the brief of Gaar W. Steiner and Michael, Best & Friedrich of Milwaukee.


HEFFERNAN, J.

The question presented on this appeal is whether a trial judge, under the provisions of sec. 806.07(1)(h), Stats., has jurisdiction to exercise discretion to vacate findings of fact, conclusions of law, and a judgment previously entered and to substitute therefor, on the basis of the same record, new findings, conclusions, and judgment.

The appeal is from a judgment entered in the course of a probate proceeding. The facts show that Dorothy W...

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