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FERRIS v. FIRST NAT. BANK & TRUST

No. 79-737.

96 Wis.2d 476 (1980)

292 N.W.2d 357

Emil H. FERRIS and The Boatman's National Bank of St. Louis, a national banking association, executors de bonis non of the Estate of Nancy G. Ferris, Deceased, Plaintiffs-Respondents and Cross-Appellants, v. FIRST NATIONAL BANK & TRUST COMPANY OF RACINE, a national banking association, Trustee of the Trust for the Benefit of Julie Carlin Jorgenson, pursuant to the Paragraph Third of the Last Will and Testament of Warren R. Jorgenson, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided April 9, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant, a brief was submitted by Constantine, Christensen, Krohn & Kerscher of Racine.

For the plaintiffs-respondents, a brief was submitted by Reinhart, Boerner, Van Deuren, Norris & Rieselbach of Milwaukee.

Before Cannon, J., Brown, J. and Bode, J.

BODE, J.

Defendant First National Bank and Trust Company of Racine appeals from an amended judgment in favor of plaintiffs Emil H. Ferris and the Boatman's National Bank of St. Louis for $26,950 plus interest from January 4, 1965 at an annual rate of 5%. The plaintiffs cross-appeal from that portion of the judgment continuing the rate of interest at 5% from and after November 24, 1971.

The relevant facts out of which this action arose were stipulated to by...

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