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ESTATE OF CHAPMAN

258 Wis. 442 (1951)

ESTATE OF CHAPMAN: STITES and others, Appellants, vs. CHAPMAN and others, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Peterson & Kittelsen of Monroe, and oral argument by Marshall L. Peterson.

For the respondents there was a brief by Ervin W. Johnson of Darlington, and Gilbert Barnard of Elkhorn, for Ruth Chapman, Carol Jean Rudd, and Jeraldine Ruth Gordee, and by John J. Boyle of Darlington, guardian ad litem for Betty Lou Chapman, and oral orgument by Mr. Johnson and Mr. Barnard.

GEHL, J.

It is not claimed by appellants that William Steffen is not qualified to act. It is their claim that, in the absence of any showing that the bank is not qualified to act, its nomination by the testator compels its appointment as successor trustee.

When the bank renounced its right to serve as trustee it left the estate in the same position as if no one had been nominated in the will. 21 Am. Jur., Executors and Administrators, p. 430, sec. 99. It took...

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