IN RE CUDAHY FAMILY TRUST


26 Wis.2d 153 (1965)

IN RE CUDAHY FAMILY TRUST: BRADY and another, Appellants, v. FIRST WISCONSIN TRUST COMPANY, Trustee, Respondent.

Supreme Court of Wisconsin.

January 5, 1965.


Attorney(s) appearing for the Case

For the appellants there was a brief by Quarles, Herriott & Clemons, attorneys, and Lester S. Clemons and Peter J. Lettenberger of counsel, all of Milwaukee, and oral argument by Mr. Lettenberger.

For the respondent there was a brief by Brady, Tyrrell & Bruce, attorneys, and Richard H. Tyrrell and Samuel J. Recht of counsel, all of Milwaukee, and oral argument by Mr. Recht.


HALLOWS, J.

The issue is whether the appellants are entitled to have their reasonable attorneys' fees paid out of the trust estate when the trustee stands neutral in a controversy to determine who are the proper beneficiaries to receive trust income.

The appellants contend the respondent as trustee had a duty to defend the rights of the beneficiaries of the trust against the adverse claim of Helen Bischoff and the...

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