ESTATE OF ODEGARD


14 Wis.2d 564 (1961)

ESTATE OF ODEGARD: ODEGARD and others, Appellants, v. FIRST NATIONAL BANK OF MADISON and others, Respondents.

Supreme Court of Wisconsin.

October 31, 1961.


Attorney(s) appearing for the Case

For the appellants Ralph Odegard, Elizabeth Odegard Larson, and Holtan Odegard there was a brief by Stroud, Stebbins & Stroud of Madison, and oral argument by R. M. Stroud and Donald R. Stroud.

For the appellant John H. Esch, guardian ad litem, there was a brief by Ela, Christianson, Ela, Esch, Hart & Clark, attorneys, and William F. Nelson of counsel, all of Madison, and oral argument by John H. Esch.

For the respondents there was a brief by La Follette, Sinykin, Doyle & Anderson, attorneys, and Gordon Sinykin and Dudley H. Davis, Jr., of counsel, all of Madison, for Eloise Odegard and Marcella Mazer; and by Harry V. Hill of Madison, for Carl Torkelson; and oral argument by Mr. Davis and Mr. Hill.


FAIRCHILD, J.

1. Question as to priority between certain expenses and income benefits. Section 2 of Article Ninth provides as follows:

"To pay out of the income of the trust estate, if possible, but if necessary out of principal, all taxes, assessments, insurance, incumbrances, costs, commissions, or other charges legally or properly chargeable against the trust estate, including all costs and expenses incident to the maintenance, management, administration...

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