CURRIE, J.
The question at issue on this appeal is whether the plaintiff possesses a legal estate in real property which will entitle her to maintain an action for partition of the fee-simple title, or lesser estate, in the premises under ch. 276, Stats.
The plaintiff contends that under our statute of uses (sec. 231.05, Stats.) a mere passive trust was created which resulted in legal title vesting directly in the beneficiaries of the trust, and therefore...
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