IN the MATTER OF the ESTATE of Earl D. MILLER, Deceased: William D. MILLER and Lavonne Miller, Appellants,
v.
Wesley J. VAN DER WEELE, Personal Representative of the Estate of Earl D. Miller, Deceased, and First Interstate Trust Company of Wisconsin, Respondents.
William D. MILLER, and Lavonne Miller, Plaintiffs-Appellants,
v.
FIRST INTERSTATE TRUST COMPANY OF WISCONSIN and Robert E. Miller, Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs September 9, 1988.
Decided October 19, 1988.
Attorney(s) appearing for the Case
On behalf of the appellants the cause was submitted on the briefs of John M. Bruce of Muchin, Muchin & Bendix, S.C., of Manitowoc.
On behalf of the respondents the cause was submitted on the joint brief of Katherine M. Reynolds of Miller & Miller, S.C. of St. Nazianz and John B. Murphy of Schlosser & Murphy, of Sheboygan.
Before Scott, C.J., Brown, P.J., and Nettesheim, J.
Court of Appeals of Wisconsin.
BROWN, P.J.
The dispositive issue in these cases1 is whether a probate court in one county—Manitowoc—can vacate a lien against property in probate when the lien was filed and is pending in another county—Sheboygan. We hold that it cannot. We therefore necessarily find that a probate court's attempted order vacating a lien in another county does not result in an adjudication of the lien action. We remand the lien proceedings...
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