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UIHLEIN v. UIHLEIN

11 Wis.2d 219 (1960)

UIHLEIN (Fred W.) and others, Trustees, Plaintiffs and Respondents, v. UIHLEIN (William B.) and others, Defendants and Respondents: UIHLEIN (William P.) and others, by Guardian ad litem, Defendants and Appellants.

Supreme Court of Wisconsin.

October 4, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Victor H. Glanz of Milwaukee, guardian ad litem.

For the respondents Fred W. Uihlein, Albert O. Trostel, Jr., and William D. Vogel, trustees, there was a brief by Foley, Sammond & Lardner, Lynford Lardner, Jr., Harrold J. McComas, and Harry L. Wallace, all of Milwaukee, and oral argument by Mr. McComas.

For the respondents Charles A. Uihlein and Sarah K. Uihlein, there was a brief and oral argument by John F. Zimmermann of Milwaukee, guardian ad litem.

CURRIE, J.

The issue before us on this appeal is whether the three children, who were adopted in 1956 by Dr. Uihlein after the death in 1953 of the insured husband of the donor, are entitled to shares in the trust corpus.

The general principles governing the interpretation of a trust instrument are the same whether created inter vivos or by will. Welch v. Welch (1940), 235 Wis. 282, 290 N. W. 758, 293...

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