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MCMAHON v. STANDARD BANK & TRUST CO.

No. 95-1303.

202 Wis.2d 564 (1996)

550 N.W.2d 727

James J. MCMAHON, Individually and as Independent Administrator of the Estate of Phyllis McMahon, Plaintiffs-Appellants-Cross Respondents, v. STANDARD BANK & TRUST COMPANY, Defendant-Respondent, Judy Joy ALMQUIST and George Edward Vick, Defendants-Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided May 22, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, there were briefs and oral argument by Berwyn B. Braden of Braden & Olson of Lake Geneva.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the briefs of Frederic J. Brouner and Stephen A. DiTullio of DeWitt Ross & Stevens, S.C. of Madison. There was oral argument by Frederic J. Brouner.

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

BROWN, J.

In this case we address complex questions involving passive trusts, living trusts and attempted testamentary dispositions. James J. McMahon alleges that his wife set up an invalid trust four years before her death. He argues that Phyllis's trust should be characterized as an invalid testamentary attempt because she retained complete control over the trust property even though she transferred title to the trustee...

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