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STATE v. FIRST WISCONSIN TRUST CO.

266 Wis. 610 (1954)

STATE, Respondent, vs. FIRST WISCONSIN TRUST COMPANY, Trustee, Appellant.

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by Porter, Johnson & Cutler, attorneys, and James D. Porter and Clifford R. Procter of counsel, all of Milwaukee, and oral argument by James D. Porter.

For the respondent there was a brief by the Attorney General and Stewart G. Honeck, deputy attorney general, and Beatrice Lampert, assistant attorney general, and oral argument by Mrs. Lampert.

BROADFOOT, J.

Four separate contentions are made by the defendant Trust Company: (1) The funds involved are held as trust funds; (2) sec. 220.25, Stats., neither purports nor ought to be construed to work an escheat of trust funds held by a protesting trustee; (3) sec. 220.25 will violate constitutional rights of the beneficiaries if it is construed to escheat trust funds notwithstanding the protest of the trustee; (4) if the funds create debts rather than trusts...

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