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IN MATTER OF ESTATE OF MCCOY

No. 82-1796.

118 Wis.2d 128 (1984)

345 N.W.2d 519

IN the MATTER OF the ESTATE OF Elizabeth F. McCOY, Deceased: FIRST WISCONSIN NATIONAL BANK OF MADISON, Cross-Petitioner-Appellant, v. WISCONSIN ACADEMY OF SCIENCES, ARTS & LETTERS, Layton L. Phillips, Personal Representative, Respondents.

Court of Appeals of Wisconsin.

Decided February 24, 1984.

Attorney(s) appearing for the Case

For the cross-petitioner-appellant the cause was submitted on the briefs of James R. Cole, Thomas P. Solheim, Robert W. MeLewee and Ross & Stevens, S.C. of Madison.

For the respondent Wisconsin Academy of Sciences, Arts and Letters the cause was submitted on the brief of Howard A. Sweet and La Follette, Sinykin, Anderson & Munson of Madison.

For the respondent Layton L. Phillips the cause was submitted on the brief of David S. Uphoff and Isaksen, Lathrop, Esch, Hart & Clark of Madison.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

The First Wisconsin National Bank (trustee) appeals from an order directing disbursement of the corpus of an inter vivos trust pursuant to a stipulation between the estate of the settlor and the Wisconsin Academy of Sciences, Arts and Letters (Academy), the only claimants of the trust assets. The trustee was not a party to the stipulation, and opposed the distribution it outlined. Because we hold that the trial court had no authority to order the...

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