206 Wis. 582 | Wis. | 1932
These are three separate appeals by Eleanor B. Breslauer, as executrix of the last will and testament of Fanny Benesch, deceased, from orders of the county court of Milwaukee county extending the time within which the several respondents might file their respective claims against the estate. Error is assigned for the reason that good cause was not shown to excuse the failure to file the claims within the time limited by the original order for filing claims against the estate.
Prior to the enactment of ch. 174, Laws of 1929, sec. 313.03, Stats., authorized the court to extend the time for filing claims against an estate “for good cause shown.” Under that provision this court held that a showing of good cause excusing the delay of the petitioner in filing his or her claim was an essential condition to the extension of the time.
We conclude, however, that these orders are not appeal-able. While under the old practice an appeal lay from any order of the county court to the circuit court, the amendment (ch. 183, Laws of 1919) providing for an appeal to this court from the orders and judgments of county courts in counties having a population of fifteen thousand or over, limited the orders from which an appeal could be taken to this court to such orders as are made appealable by the pro
These orders permit the filing of claims against the estate. They therefore do not prevent a final judgment from which an appeal may be taken. The question of whether the time within which the claims could have been filed was properly extended may be raised upon an appeal from the judgment entered upon such claim. Sec. 274.34, Stats.; Schlecht v. Anderson, 202 Wis. 305, 232 N. W. 566; Milwaukee County v. Milwaukee Western Fuel Co. 204 Wis. 107, 235 N. W. 545. While the merits were considered by this court in Will of Bellant, 197 Wis. 319, 222 N. W. 314, and Estate of Kochanski, 185 Wis. 234, 201 N. W. 239, both of which were appeals from orders extending the time within which claims might be filed, the question of whether the orders were appealable was neither raised nor considered. Our attention having been drawn to the appealability of the orders in these cases, we now conclude that such orders are not appealable where they extend the time so that the claim may be filed, which may eventuate in a final judgment from which an appeal may be taken. Of course where the order denies the extension of time, a final judgment is prevented, and in such case an appeal will lie. For the foregoing reasons the appeals should be dismissed.
By the Court. — Appeals dismissed.