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ESTATE OF VAN EPPS

No. 144.

40 Wis.2d 139 (1968)

161 N.W.2d 278

ESTATE OF FRANK L. VAN EPPS: FREELAND VAN EPPS, Individually, Appellant, v. CITY BANK OF PORTAGE and others, Respondents.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Dorothy Walker of Portage.

For the respondents there was a brief by Arno J. Miller of Portage, attorney, and Rosin & Abel of Sarasota, Florida, of counsel, and oral argument by Mr. Miller.

WILKIE, J.

A single issue is presented on this appeal:

Can a surviving partner, acting as coexecutor of the estate of the deceased partner, exercise an option to purchase the deceased partner's interest in the partnership as provided by the terms of the partnership agreement where the will of the deceased partner expressly requests that the surviving partner not exercise said option if the exercise of said option is not in the best interests of the...

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