The main purpose of this Article is to show the inadequacy and uncertainty of the Wisconsin law governing the rights of a personal representative in regard to his decedent's real estate. A secondary aim is to clarify to some extent a number of the rules in this area. Many of the conclusions herein are of necessity based upon inference and dicta rather than upon clear holdings in decided cases.
The bases of these conclusions are sufficient, however, to reveal the potential perils that await the personal representative who endeavors to protect the real property in an estate. They are also sufficient to provide a background for clarifying legislation. This discussion will be limited to those powers of a personal representative other than the power to sell or mortgage.
