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ESTATE OF KESKE

18 Wis.2d 47 (1962)

ESTATE OF KESKE: KESKE, Appellant, v. MARSHALL & ILSLEY BANK, Administrator w. w. a., and others, Respondents.

Supreme Court of Wisconsin.

October 30, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Martin J. Torphy and Ellis R. Herbon, both of Milwaukee.

For the respondents there was a brief by Grootemaat, Cook & Franke, attorneys, and Thomas J. Drought and Robert E. Cook of counsel, all of Milwaukee, and oral argument by Mr. Drought.

FAIRCHILD, J.

The questions are: (1) Did the personal representative of Paul Keske, deceased, have any duty to perform with respect to the circuit court action? (2) Was Elmer properly considered legally incompetent to be the personal representative because of inability to perform such duty?

1. Duty of personal representative. Elmer argues that the personal representative of a deceased has no interest in an action for rescission or cancellation of a...

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