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ESTATE OF SCHEIBE v. LEARMAN

30 Wis.2d 116 (1966)

ESTATE OF SCHEIBE: ROBERT HILL FOUNDATION, Appellant, v. LEARMAN, Executor, Respondent.

Supreme Court of Wisconsin.

March 1, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by David L. Walther of Milwaukee.

For the respondent there was a brief by E. H. Snyder of Milwaukee for Arvie H. Learman,: executor, concurred in by Stewart G. Honeck of Milwaukee, for Arvie H. Learman in his individual capacity, and oral argument by Mr. Snyder.

HALLOWS, J.

The issue is whether an executor having a general power of sale without court approval violates his duty as an executor when he sells real property of the estate to his sister for an amount shown by a private appraisal without making any effort to sell such property to others, to obtain a better price or otherwise to determine the going market value of the property. The trial court thought the duty of an executor under such circumstances was fulfilled...

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