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MATTER OF REVOCABLE TRUST OF MCCOY v. FIRST WISCONSIN NATIONAL BANK OF MADISON

No. 86-1381.

142 Wis.2d 750 (1987)

419 N.W.2d 301

In the MATTER OF the REVOCABLE TRUST OF Elizabeth F. McCOY, Deceased: WISCONSIN ACADEMY OF SCIENCES, ARTS & LETTERS, Petitioner-Appellant, v. FIRST WISCONSIN NATIONAL BANK OF MADISON, Respondent.

Court of Appeals of Wisconsin.

Decided December 23, 1987.

Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs by Earl H. Munson, Howard A. Sweet and Thomas H. Taylor, and La Follette & Sinykin, of Madison, and oral argument by Earl H. Munson.

For the respondent there was a brief by James R. Cole, Thomas P. Solheim and Annie T. Walljasper, and Ross & Stevens, S.C., of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.

DYKMAN, J.

The Wisconsin Academy of Sciences, Arts and Letters (Academy) appeals from a judgment dismissing its action to surcharge the First Wisconsin National Bank of Madison (Bank). The issues are: (1) Did the Bank breach its fiduciary duty to Elizabeth McCoy, the settlor of an Inter vivos trust? (2) If the Bank breached this duty, can the breach be the basis for a cause of action in favor of the Academy? (3) Must the trust document be construed before a...

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