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KINZER v. BIDWILL

No. 23.

55 Wis.2d 749 (1972)

201 N.W.2d 9

KINZER, Appellant, v. BIDWILL and others, Respondents.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S.C., attorneys, and James D. Wing of counsel, all of Milwaukee, and oral argument by Mr. Wing.

For the respondents there was a brief by Godfrey, Neshek & Worth, S.C., and Richard A. Howarth, Jr., all of Elkhorn, and oral argument by Thomas G. Godfrey.

ROBERT W. HANSEN, J.

The trial court here did three things:

(1) Held the land trust to be void, finding it to be a passive trust;

(2) Found the parties to the trust to be tenants in common, each entitled to bring suit for partition;

(3) Held the trust, while void, to be a valid agreement, and reformed such agreement to prohibit development of the back property until 1980.

Appellant challenges the trial court's reforming the agreement...

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