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IN RE TRUST OF PAULY

No. 551 (1974).

71 Wis.2d 306 (1976)

237 N.W.2d 719

IN RE TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF PAULY: WILSON, Appellant, v. FIRST WISCONSIN TRUST COMPANY, Trustee and another, Respondents.

Supreme Court of Wisconsin.

Decided February 3, 1976.

Attorney(s) appearing for the Case

For the appellant there were briefs by John W. Emmerling and Edward D. Styles of Milwaukee, and oral argument by John W. Emmerling.

For the respondent Richard H. Eggleston, there was a brief by Russell M. Ware and Kasdorf, Dall, Lewis & Swietlik, all of Milwaukee, and oral argument by Russel M. Ware.

HANLEY, J.

The sole issue, which is dispositive of this appeal, is whether the doctrine of gift by implication is appropriate to the trust provision of a will that is silent as to the disposition of the trust under the circumstances that have occurred.

As not infrequently occurs, the decedent has provided relatively clear instructions for the disposition of property under certain circumstances which unfortunately have not taken place. In the silence of the...

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