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WEINBERGER v. BOWEN

No. 00-0903.

240 Wis.2d 55 (2000)

2000 WI App 264

622 N.W.2d 471

IN the MATTER OF the TRUST OF CATHERINE H. BOWEN CHARITABLE TRUST: Eric J. WEINBERGER, Appellant, v. John F. BOWEN, Co-Trustee-Respondent, Catherine H. BOWEN, Respondent, Christopher H. BOWEN, Successor-Trustee-Respondent, Jennifer B. WEINBERGER, Melinda L. Bowen, Sarah I. Bowen, Michael S. Bowen and Erik A. Bowen, Beneficiaries-Respondents.

Court of Appeals of Wisconsin.

Decided November 8, 2000.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Gerald M. O'Brien of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

On behalf of the co-trustee-respondent, respondent, successor-trustee-respondent, and beneficiaries-respondents, the cause was submitted on the brief of William E. Duffin of Godfrey & Kahn, S.C. of Milwaukee.

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

¶ 1. NETTESHEIM, J.

Eric J. Weinberger appeals from a circuit court order removing him as a cotrustee of the Catherine H. Bowen Charitable Trust and appointing another in his stead. The order was premised upon WIS. STAT. § 701.12(1) (1997-98),1 which permits revocation, modification or termination of a trust upon the written consent of the settlor and all beneficiaries.2

¶ 2. On appeal...

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