1 N.W.2d 76 | Wis. | 1941
In probate proceedings in the administration of the estate of Henry Von Nobel, deceased, an order limited the time in which claims might be filed to July 19, 1938. On July 1, 1938, Ruth Ebenreiter filed a claim for $932.75, the contract price of personal property sold to Von Nobel under six conditional sales contracts in which she was the vendor. On September 30, 1938, the claim was allowed at $932.75, and that amount was included in the judgment entered on November *234
13, 1940, on all claims allowed. On April 30, 1941, Ruth Ebenreiter filed a petition alleging the facts stated in the case of Ebenreiter v. Woulf, ante, p. 228,
In the petition filed by appellant on April 30, 1941, upon which she bases her motion for the amendment of the judgment, there is no allegation whatever as to any mistake, fraud, or other circumstance which might be considered to afford an excuse for her delay in seeking relief by the amendment of the judgment. The petition was not filed until thirty-three months after the time for filing claims expired on July 19, 1938, thirty-one months after her claim was proven and allowed, and five months after judgment was entered on all claims allowed. Consequently, when appellant petitioned for additional relief by an amendment of the judgment, all claims against the estate had become barred under sec. 313.08, Stats., for many months, excepting in so far as they had been filed by July 1, 1938, which was the time limited by an order duly entered for that purpose. Under the rule barring claims not filed within the time so limited, claims duly filed within that time cannot be amended after the expiration of such time so as to increase the amount or nature of the relief or materially change the basis therefor. Estate of White,
By the Court. — Order affirmed. *236