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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relat1014 and id is 1 raw text is: 





                                           TRUSTS





                      CHAPTER 7. THE ADMINISTRATION OF THE TRUST

                              TOPIC   3. POWERS OF THE TRUSTEE

  § 194. Several Trustees

  Wis.App.2015.  Quot. in sup. One of three trustees of a family trust, who was also a contingent
  beneficiary of the trust, sued beneficiaries of the trust, seeking a declaration that the trust owned the
  septic system and the water system that serviced a cottage owned by beneficiaries, which was located on
  real estate owned by the trust. The trial court denied defendants' motion to dismiss and, after a bench
  trial, concluded that the water system was trust property. Reversing in part and remanding, this court
  held that the trial court erroneously denied defendants' motion to dismiss in light of a prior court order
  that adopted a stipulation between the parties in which plaintiff agreed to obtain approval from a
  majority of the trustees before commencing litigation pertaining to the trust. The court noted that, under
  the Restatement of Trusts § 194, where there were two or more trustees, the powers conferred upon
  them could properly be exercised only by all of the trustees, unless otherwise provided by the terms of
  the trust. In re Will of von Schleinitz ex rel. von Schleinitz, 874 N.W.2d 573, 583.





























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m eq w  o    For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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