Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 51

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          Turner v. Helvering, 68 F.2d 759, 760 (D.C. Cir. 1934).  That               
          issue does not turn upon how the capacity of fiduciaries or other           
          representatives to litigate in this Court is to be determined.6             
          No issue has been raised in this Court as to the capacity of                
          Richard E. Clack and the Marshall & Isley Trust Co. to litigate             
          in this Court.  Their capacity to litigate in this Court is to be           
          determined, and presumably has been determined, under Arkansas              
          law.7  In any event, their capacity to litigate in the Tax Court            
          does not mean that the State that appointed them determines the             
          proper venue for any appeal from a decision of this Court.  See             


          (...continued)                                                              
          deceased, Richard Roe, Executor.'"                                          
          6  Rule 60(c) provides that "The capacity of a fiduciary or other           
          representative to litigate in the Court shall be determined in              
          accordance with the law of the jurisdiction from which such                 
          person's authority is derived."                                             
          7  The Probate Court of Benton County, Arkansas, issued letters             
          testamentary to Richard E. Clack and the Marshall & Isley Trust             
          Co., authorizing them to act as coexecutors of decedent's estate.           
          That Mr. Clack is a resident of Wisconsin and that the Trust                
          Company has its principal place of business in Wisconsin did not            
          disqualify them to be authorized to act as coexecutors of                   
          dececent's estate and hence authorized to represent decedent's              
          estate and litigate in this Court.                                          
               Under Arkansas law, a nonresident natural person is                    
          authorized to act as executor so long as an in-state agent is               
          appointed for service of process.  Ark. Code Ann. secs. 28-48-              
          101(a), 28-48-101(b)(6) (Michie 1987).  Under Arkansas law, a               
          foreign corporation is not disqualified to act as a fiduciary so            
          long as its home jurisdiction (here Wisconsin) grants                       
          authorization to Arkansas companies to act in a similar capacity.           
          Ark. Code Ann. secs. 28-48-101(a), 28-48-101(b)(4) (Michie 1987);           
          Ark. Code Ann. sec. 4-27-203 (Michie 1987).  Wisconsin law                  
          essentially tracks that of Arkansas in this regard.  Wis. Stat.             
          Ann. secs. 856.21, 856.23 (West 1991); sec. 223.12(1), (4) (West            
          1957 & Supp. 1981).                                                         



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