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ESTATE OF LANDAUER

264 Wis. 456 (1953)

ESTATE OF LANDAUER: HOLTY, Claimant and Appellant, vs. LANDAUER and others, Executors and Respondents.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding of counsel, all of Milwaukee, and oral argument by Mr. Harding.

For the respondents there were briefs and oral argument by Chester J. Niebler, attorney, and Lawrence J. Binder of counsel, both of Milwaukee.

BROADFOOT, J.

Provision is made for the removal of executors by secs. 312.11 and 324.35, Stats. Both of said sections provide that executors "may be removed" if certain facts are established to the satisfaction of the court. It is the claim of the petitioner Holty that the court abused its discretion in refusing to remove the executors. We hold that upon the record before us the trial court did not abuse its discretion. We wish to make it clear, however, that the...

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