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MATTER OF SMITH FAMILY TRUST

No. 91-1462.

167 Wis.2d 196 (1992)

482 N.W.2d 118

IN the MATTER OF the SHERMAN B. SMITH FAMILY TRUST: FIRST WISCONSIN NATIONAL BANK OF OSHKOSH, Appellant, v. CIRCUIT COURT FOR FOND DU LAC COUNTY, the Hon. John W. Mickiewicz, Presiding, Respondent.

Court of Appeals of Wisconsin.

Decided February 12, 1992.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the brief of Michael P. Fortune of Fortune Law Office, S.C. of Fond du Lac.

On behalf of the respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James H. McDermott, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.

SNYDER, J.

First Wisconsin National Bank of Oshkosh ("First Wisconsin" or "the bank") appeals from an order which refused to allow the bank to resign as trustee of a testamentary family trust and to appoint a successor trustee. We hold that it was within the trial court's discretion to make these determinations and that the court did not abuse that discretion. We therefore affirm the order.

Sherman B. Smith died...

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