Legal Opinion

Behr v. First National Bank of Waukesha

Wisconsin Supreme Court

Decided March 7, 1969No. 212Published

1Opinion of the CourtWilkie, J.

The sole issue presented on this appeal is whether good cause has been shown why the attorney named by the next of kin, pursuant to sec. 310.25, Stats., should not be appointed.

That section provides:

“Whenever a firm or corporation of any kind is named as administrator or executor of an estate, he or she who is nearest of kin and who receives any interest in the estate, and if there be no bequest of any kind, then the party receiving the largest amount or interest from the estate, shall name the attorney who shall represent the estate in all proceedings of any kind or nature, unless good cause…

2Cases cited4 opinions

  1. Estate of Ogg v. First National Bank of MadisonWisconsin Supreme Court · 1952
  2. Pedrick v. First National Bank of RiponWisconsin Supreme Court · 1954
  3. Sieben v. PhillipsWisconsin Supreme Court · 1964
  4. Thayer v. Rock County Savings & Trust Co.Wisconsin Supreme Court · 1968

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