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WILL OF MUELLER

28 Wis.2d 26 (1965)

WILL OF MUELLER: MUELLER (HAROLD P.), Appellant, v. MUELLER (JEAN) and others, Respondents. IN RE MUELLER INTER VIVOS TRUST: SAME, Appellant, v. SAME, Respondents.

Supreme Court of Wisconsin.

June 25, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Michael, Best & Friedrich and oral argument by Kenneth K. Luce, all of Milwaukee.

For the respondent Jean Mueller there was a brief by Gibbs, Roper & Fifield, attorneys, and Thomas B. Fifield of counsel, all of Milwaukee, and oral argument by Thomas B. Fifield.

For the respondents Elizabeth Mueller Ellis and Robert W. Mueller there was a brief by Churchill, Duback & Smith of Milwaukee, and oral argument by Paul H. Duback.

For the minors and unborn or presently unascertainable persons there was a brief and oral argument by Allen N. Rieselbach of Milwaukee.

WILKIE, J.

Three major issues are presented on this appeal:

1. Did the trial court err in determining that the cotrustees had a duty to diversify the single asset of the trusts, the Worthington stock, and that this duty was breached by the failure to sell in October or November of 1961?

2. Are the beneficiaries of the trusts estopped from making any claim against appellant?

3. Is appellant entitled to indemnification or contribution from his...

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