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ESTATE OF BOYLE

271 Wis. 323 (1955)

ESTATE OF BOYLE: NIELSEN and another, Appellants, vs. MARSHALL & ILSLEY BANK and others, Respondents.

Supreme Court of Wisconsin.

December 6, 1955.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Erwin Esser Nemmers of Milwaukee.

For the respondent Marshall & Ilsley Bank there was a brief by Tonjes & Mortensen of Fond du Lac, and oral argument by John C. Tonjes.

For the respondents Madeleine Boyle Saffouri Henning and Helen Marie Boyle Schmitt there was a brief and oral argument by John J. Schneider of Fond du Lac.

George M. St. Peter of Fond du Lac, guardian ad litem for minor natural children of Francis H. Boyle and grandchildren.

FAIRCHILD, C. J.

The instruments mentioned in the above statement are so related to the purposes of the creator of the trust that they must be considered of controlling significance. Julia Boyle, in June, 1928, formed her plan to meet problems then existing and those which in her judgment might develop. On June 1, 1928, she created a trust, the terms of which provided for the payment to her son, Francis H. Boyle, the income from that portion of her estate appointed...

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