Legal Opinion

Estate of Stanchfield

Wisconsin Supreme Court

Decided June 1, 1920PublishedCited by 7 opinions

Appeal .from an order of the county court of Fond du Lac county. A. E. Rici-iter,. Judge. S. B. Stanchfield, father of the petitioner, George H. Stanchfield, made a will giving all of his property to the petitioner, in which will no executor was appointed. George H. Stanchfield petitioned the court to probate the will and to appoint the Commercial National Bank of Fond du Lac administrator of the estate.

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Appeal .from an order of the county court of Fond du Lac county. A. E. Rici-iter,. Judge. S. B. Stanchfield, father of the petitioner, George H. Stanchfield, made a will giving all of his property to the petitioner, in which will no executor was appointed. George H. Stanchfield petitioned the court to probate the will and to appoint the Commercial National Bank of Fond du Lac administrator of the estate. The petitioner claims that the Commercial National Bank of Fond du Lac has been given power under the federal statutes and a permit of the federal reserve board to act in such trust capacity.…

1Opinion of the CourtSiebecker, J.

The county court denied the application to appoint the Commercial National Bank of Fond du Lac administrator of decedent’s estate upon the ground that the provisions of sec. 2024 — 77r, Stats. 1919 (ch. 180, Laws 1919), forbid such appointment. This statute provides:

“No court of this state shall appoint or name any corporation as trustee, executor, administrator, guardian, assignee, receiver or in any other fiduciary capacity unless such corporation is organized and existing under the provisions of sections 2024 — 77% to 2024- — 77q of the statutes.”

Of course the Commercial National Bank is…

2Cases cited3 opinions

  1. First National Bank v. Fellows Ex Rel. Union Trust Co.Supreme Court of the United States · 1917
  2. Van Reed v. People's National Bank of LebanonSupreme Court of the United States · 1905
  3. Hamilton v. StateSupreme Court of Connecticut · 1920

3Cited by7 opinions

  1. Missouri Ex Rel. Burnes National Bank of St. Joseph v. DuncanSupreme Court of the United States · 1924
  2. Attorney General Ex Rel. State Banking Commissioner v. Michigan National BankMichigan Supreme Court · 1941
  3. State Ex Rel. Burnes National Bank v. DuncanSupreme Court of Missouri · 1924
  4. Adams v. Atlantic National BankSupreme Court of Florida · 1934
  5. Turner's EstateSuperior Court of Pennsylvania · 1922

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