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Decedent was born on July 21, 1923, and died testate on July
1, 1987, in Madison, Wisconsin. At the time of his death,
decedent was a resident of Benton County, Arkansas. On August 4,
1987, the Benton County Probate Court admitted to probate
decedent's last will, dated August 27, 1986 (the will), and
issued letters testamentary to Richard E. Clack and the Marshall
& Ilsley Trust Co., authorizing them to act as coexecutors of
decedent's estate.2 At that time and at the time of filing the
petition in the instant case, the Marshall & Ilsley Trust Co.
maintained its principal place of business in the State of
Wisconsin, and Richard E. Clack was a resident of the State of
Wisconsin.
Decedent was survived by his wife, Alice Clack, his sons,
Richard E. Clack and Robert A. Clack, and his daughter, Ann Clack
Klimnowicz. During his lifetime, decedent was the owner and
operator of a successful plastic extrusion company, Clack Corp.
located in Winsor, Wisconsin. At the time decedent executed his
will, his sons were active in the company. Richard E. Clack was
"the number two person in the company". Robert A. Clack had just
started working in the business.
Decedent consulted an attorney in Wisconsin about preparing
a will. Decedent was concerned about keeping the control of
2
The terms "coexecutors" and "co-personal representatives"
are used interchangeably in this case.
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