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IN MATTER OF ESTATE OF AMES

No. 88-1067.

152 Wis.2d 217 (1989)

448 N.W.2d 250

IN the MATTER OF the ESTATE OF Chauncey C. AMES, Deceased: ESTATE OF Chauncey C. AMES, Plaintiff-Appellant, v. MARKESAN STATE BANK, Defendant-Respondent, Martin KIRST, Defendant.

Court of Appeals of Wisconsin.

Decided September 6, 1989.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs filed by Richard L. Olson and James E. Bartzen of Boardman, Suhr, Curry & Field of Madison. There was oral argument by Daniel W. Hildebrand of Ross & Stevens of Madison.

On behalf of the defendant-respondent, there was a brief filed by Charles J. Hertel and Ronald L. Lampe of Dempsey, Magnusen, Williamson & Lampe of Oshkosh. There was oral argument by Charles J. Hertel.

On behalf of the Wisconsin Bankers Association, there was an amicus curiae brief filed by Lawrence J. Bugge and David W. Reinecke of Foley & Lardner of Madison. There was oral argument by Lawrence J. Bugge.

Before Brown, P.J., Scott and Nettesheim, JJ.

NETTESHEIM, J.

The estate of Chauncey C. Ames appeals from a judgment dismissing certain of its claims against the Markesan State Bank. The estate claims that the bank, both in its capacity as guardian and trustee, breached a Wisconsin per se rule against trustee and guardian self-dealing when it invested guardianship and trust assets in its own certificates of deposit (C.D.'s). Additionally, the estate argues that the bank breached its duty under the prudent...

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