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ESTATE OF MARTIN

21 Wis.2d 334 (1963)

ESTATE OF MARTIN (Charles): ESTATE OF MARTIN (Nellie): BARRY and others, Appellants, v. RICHARDS, Trustee, Respondent.

Supreme Court of Wisconsin.

November 1, 1963.

Attorney(s) appearing for the Case

For the appellants there were briefs by Petersen, Sutherland, Arley & Brynelson, attorneys, for Veronica Barry, Joan Gefke, and Jeanne Caine, and by John Gerlach of counsel, for Bernard Martin, and oral argument by James C. Herrick, all of Madison.

For the respondent the cause was submitted on the brief of Tom C. Brown of Oregon, and Jay W. Winter of Madison.

HALLOWS, J.

The difficulty in this case arises from the manner in which the trust was created and administered and the lack of records reflecting its administration. The trial court observed in its written decision the defendant indulged in some questionable practices in respect to his duty as trustee and endeavored to co-operate with the widow and her family to the fullest extent and relied heavily on their mutual attorney...

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