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FIRSTAR TRUST CO. v. FIRST NAT. BANK OF KENOSHA

No. 93-2508.

188 Wis.2d 468 (1994)

525 N.W.2d 53

IN the MATTER OF the MARITAL TRUST CREATED UNDER the WILL OF Daniel H. COONEY, Deceased: FIRSTAR TRUST COMPANY, Trustee of the Marital Trust, Petitioner-Appellant-Cross Respondent, v. FIRST NATIONAL BANK OF KENOSHA, Personal Representative of the Estate of Dorothy B. Cooney, Claimant-Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided October 26, 1994.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant-cross respondent, the cause was submitted on the briefs of Barbara J. Janaszek, Allan E. Iding and Barbara A.B. Larson of Whyte Hirschboeck Dudek S.C. of Milwaukee.

On behalf of the claimant-respondent-cross appellant, the cause was submitted on the brief of Andrew J. Willms and Michael R. Ong of Willms Anderson, S.C. of Thiensville and Christopher T. Kolb, of counsel, of Halling & Cayo, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

BROWN, J.

Daniel H. Cooney's will established a marital trust whereby his wife, Dorothy B. Cooney, received a life interest and the remainder beneficiaries designated by Daniel would receive the remaining principal upon Dorothy's death. Daniel's estate elected to treat the trust as a qualified terminal interest property (QTIP) trust, thereby deferring the payment of the federal and state estate taxes until Dorothy's death.

The trustee for the QTIP trust raises...

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