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KLAUSER v. SCHMITZ

No. 02-3260.

265 Wis.2d 860 (2003)

2003 WI App 157

667 N.W.2d 862

IN the MATTER OF the ESTATE OF Audrey R. SCHMITZ, Deceased: Mary KLAUSER, Appellant, v. Robert SCHMITZ, John Schmitz, Paul Schmitz, Matthew Schmitz, Michael Schmitz, and Michelle Schmitz, Respondents.

Court of Appeals of Wisconsin.

Decided June 10, 2003.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Daniel W. Morse of Morse & Shiller, Ltd., of Mequon, WI.

On behalf of the respondents, the cause was submitted on the brief of Vicki S. Schaut, of Milwaukee, WI.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. SCHUDSON, J.

Mary Klauser appeals from the circuit court order granting the objection to her appointment as personal representative of the estate of her mother, Audrey R. Schmitz, and appointing Attorney Brian F. McElligott in her place. Klauser argues that the court erred in concluding that, under WIS. STAT. § 856.23(1)(e) (2001-02)1, she was "unsuitable" to act as personal representative...

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