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SMITH v. PLANKINTON DE PULASKI

No. 544 (1974).

71 Wis.2d 251 (1976)

238 N.W.2d 94

SMITH, and others, Plaintiffs-Respondents, v. PLANKINTONE DE PULASKI and others, Defendants-Respondents: MACKINTOSH, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 3, 1976.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Marshall Perlin of New York, New York and Harry F. Peck and Hayes, Peck & Gerlach of Milwaukee, of counsel, and oral argument by Marshall Perlin.

For the plaintiffs-respondents there was a brief by Harrold J. McComas, Wayne R. Lueders and Foley & Lardner, all of Milwaukee, and oral argument by Harrold J. McComas.

For defendant-respondent Eileen T. Plankinton there was a brief and oral argument by Stanley F. Hack of Milwaukee; for the defendants-respondents Alexandra Plankinton de Pulaski, Michael Townsend Mackintosh and Elisabeth Plankinton Mackintosh there was oral argument by Andrew O. Riteris of Milwaukee.

ROBERT W. HANSEN, J.

This appeal is taken from two orders of the trial court: one entered on December 13, 1973, as to various procedural matters, and the other entered on December 19, 1973, on the merits, approving the accounts of the trustees of the Plankinton trust and discharging such trustees from liability with respect thereto.

As to the appeal from the December 13th order, such appeal must be dismissed as not timely brought. On its face, such notice...

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