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WILL OF HILL

261 Wis. 290 (1952)

WILL OF HILL: STEARNS, Trustee, and another, Appellants, vs. RICHARDSON and another, Trustees, Respondents.

Supreme Court of Wisconsin.

April 8, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Carl H. Juergens of Milwaukee, for Perry J. Stearns, and by Morgan & Berkwich of Milwaukee, for Robert Hill Foundation, and oral argument by Mr. Juergens and Mr. Berthold L. Berkwich.

For the respondents there was a brief by Quarles, Spence & Quarles, attorneys, and Edward H. Borgelt and Wayne J. Roper of counsel, all of Milwaukee, and oral argument by Mr. Roper.

A brief was also filed by the Attorney General and Stewart G. Honeck, deputy attorney general, and Beatrice Lampert, assistant attorney general, as amici curiae.

BROWN, J.

Trustee Stearns' cotrustees submit that he is ineligible to appeal, being a minority of the body of trustees whom the will has directed to proceed by majority action and, further, that he is not an aggrieved party. It is unnecessary to consider these objections because the Foundation's appeal brings before us the same questions which appellant Stearns propounds and the elimination of Stearns would not dispose of the appeal. The issue is whether the Foundation...

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