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SWAZEE v. LEE

259 Wis. 136 (1951)

SWAZEE, Appellant, vs. LEE, Administratrix, Respondent.

Supreme Court of Wisconsin.

May 8, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by Zillmer & Redford of Milwaukee, and oral argument by John M. Redford.

For the respondent there was a brief by Brazeau & Brazeau, attorneys, and Richard S. Brazeau of counsel, all of Wisconsin Rapids, and oral argument by Theo. W. Brazeau.

BROWN, J.

It is not necessary to create a trust by written instrument but where it is alleged that a trust is created by parol the evidence concerning the creation and the terms of the trust must be clear and convincing. Hartman v. Loverud (1938), 227 Wis. 6, 277 N. W. 641. In a trial to the court findings of fact will not be set aside on appeal unless they are contrary to the great weight and clear preponderance of the evidence. Lerner v. Lerner (1948...

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