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IN RE ESTATE OF CLATT

No. 94-2089.

195 Wis.2d 225 (1995)

536 N.W.2d 133

IN RE the ESTATE OF Lyle W. CLATT, Deceased: Berton D. SHERMAN, Appellant-Cross Respondent, v. Don HAGNESS, Henry Clatt, Jr., Ann Smith, Eilene Ryan, Emily Gibson, Estella Ernst, Ellen Hayes, James Clatt, Robert Clatt, Estate of Chawney Neumann, and Betty Touchette, Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided June 8, 1995.

Attorney(s) appearing for the Case

For the appellant-cross respondent the cause was submitted on the briefs of Robert A. Olsher of Sherman, Olsher & Sherman of Black River Falls.

For the respondents-cross appellants the cause was submitted on the brief of Robert L. Loberg of Swanson & Loberg of Ellsworth.

Before Eich, C.J., Sundby and Vergeront, JJ.

SUNDBY, J.

This is an appeal by the personal representative/attorney of the estate of Lyle W. Clatt from an order determining his fees. His appeal requires that we construe § 857.05(3), STATS., which permits the probate court to allow the personal representative to receive executor's commissions or attorney fees, or both. The personal representative in this case, who was also an attorney, charged $100 an hour for all...

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