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ESTATE OF NUNNEMACHER

32 Wis.2d 486 (1966)

ESTATE OF NUNNEMACHER: CHELMINSKA and another, Objectors and Appellants, v. FIRST WISCONSIN TRUST COMPANY, Trustee and Pattioner: ROSENBERG, Claimant and Respondent.

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Arthur T. Spence, attorney, and Ellis R. Herbon of counsel, both of Milwaukee, and oral argument by Mr. Spence.

For the respondent there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and G. Hans Moede III, of counsel, all of Milwaukee, and oral argument by Mr. Herbert C. Hirschboeck and Mr. Moede.

GORDON, J.

We must determine whether a beneficiary of a testamentary trust with both a life interest in the income of such trust and the power to appoint by will possesses a sufficient interest in the trust corpus to assign a portion of it for value during the beneficiary's lifetime even though such assignment is to take effect at death. The trial court concluded that Mr. Nunnemacher's will provided his daughter Pauline with a life estate and also with a general and...

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