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WILL OF BORCHERT

259 Wis. 361 (1951)

WILL OF BORCHERT: BORCHERT, Appellant, vs. MUELLER and another, Respondents.

Supreme Court of Wisconsin.

June 15, 1951.

Attorney(s) appearing for the Case

Edward G. Minor of Sturgeon Bay, attorney, and John E. Dempsey of Oshkosh of counsel, for the appellant.

For the respondents there was a brief by Zimmers, Randall & Zimmers of Milwaukee, and oral argument by Wilke M. Zimmers.

BROADFOOT, J.

Upon the hearing on the petition, and upon this appeal, the appellant relied upon the case of Will of McIlhattan, 194 Wis. 113, 117, 216 N. W. 130, wherein this court said:

"`When the purposes for which an express trust shall have been created shall have ceased the estate of the trustee shall also cease.' Sec. 231.23, Stats.

"Upon the election of the widow and the death of Fred McIlhattan the purposes of the trust...

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