ESTATE OF LENAHAN


258 Wis. 404 (1951)

ESTATE OF LENAHAN: LENAHAN, Appellant, vs. LENAHAN, Respondent.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

For the appellant there were briefs by Spohn, Ross, Stevens & Lamb, attorneys, and Edwin C. Pick of counsel, all of Madison, and oral argument by Mr. Pick.

Harry E. Carthew of Lancaster, for the respondent.


BROADFOOT, J.

Among other things the appellant contends that the part of the final judgment of September 1, 1942, assigning the residue of the personal property of the testator in trust is coram non judice and void. It is her claim the testator did not contemplate setting up a trust and that the words of paragraph three did not create a trust, and since, on the date of judgment, the county court in probate had jurisdiction only over testamentary trusts, the...

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