Keske v. Marshall & Ilsley Bank

The questions are: (1) Did the personal representative. of Paul Keske, deceased, have any duty to perform with respect to the circuit court action ? (2) Was Elmer properly considered legally incompetent to be the personal representative because of inability to perform such duty?

1. Duty of personal representative. Elmer argues that the personal representative of a deceased has no interest in an action for rescission or cancellation of a conveyance of land made by the deceased unless there is a deficiency of assets to pay creditors of the estate, expenses of administration, or (under some…