Opinion
November 30, 1961 —
January 9, 1962.
APPEAL from a portion of an order of the county court of Grant county: GEORGE F. FRANTZ, Judge. Reversed and remanded.
For the appellant there was a brief by Knudson, Morrow Pope of Dodgeville, and oral argument by J. Paul Morrow.
No brief or appearance for the respondents.
An action in probate. Joseph, Carl, and Luther Ohnstad, sons of the deceased, were the proponents of the last will and testament of their father, Lars Ohnstad, who died on March 20, 1961.
The court, in its order admitting the will to probate granted letters of administration with will annexed to the Union State Bank of Lancaster, Wisconsin, contrary to the provisions of the will.
Joseph Ohnstad, the executor named in the last will and testament of Lars Ohnstad and a legatee thereunder, appeals from that part of the order which grants letters of administration with will annexed to the Union State Bank of Lancaster, a Wisconsin banking corporation.
There was no appearance or brief filed on behalf of respondents.
Because of the failure of the respondents to file a brief, we exercise our discretionary power under Supreme Court Rule 32, sec. 251.32, Stats., and reverse that part of the order granting letters of administration with will annexed to the Union State Bank of Lancaster, a Wisconsin banking corporation.
By the Court. — That part of the order which appoints the Union State Bank of Lancaster, Wisconsin, is reversed, and cause remanded for further proceedings.
GORDON, J., took no part.