Sieben v. Phillips

The trial court determined that the instant case is governed by Estate of Ogg (1952), 262 Wis. 181, 54 N. W. (2d) 175, while the appellant executor contends Estate of Braasch (1957), 274 Wis. 569, 80 N. W. (2d) 759, controls.

The facts of the present case parallel those in the Ogg Case in one respect and differ in others. The clauses of both wills, which expressed a desire that a named attorney be retained to probate the estate, stressed that such attorney had an intimate knowledge of testator’s affairs. However, the Ogg will named no executor, and the corporate fiduciary, which was appointed…