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MATTER OF ESTATE OF ERLIEN

No. 93-1909.

190 Wis.2d 400 (1994)

527 N.W.2d 389

IN the MATTER OF the ESTATE OF Ervin C. ERLIEN, Deceased: OLD REPUBLIC SURETY COMPANY Appellant, v. Nancy ERLIEN, Robert Erlien and Cathy Erlien-Fendler, Beneficiaries, Respondents.

Court of Appeals of Wisconsin.

Decided December 28, 1994.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Thomas N. Klug and Lynn A. Ludke of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

For the respondents the cause was submitted on the briefs of Barry M. Cymerman and Marilee S. Shepard of Phillips, Donohue & Cymerman, S.C., of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

SULLIVAN, J.

Old Republic Surety Company appeals from a judgment for a testamentary account surcharge in the sum of $161,464.45. Old Republic, successor surety for the testamentary trustees, asserts that the trial court erred as a matter of law when it surcharged Old Republic because Old Republic bonded the co-trustee, Gloria Erlien (Erlien), solely in her role as trustee and any errant appropriation of estate property occurred while she acted as personal representative...

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