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ESTATE OF DEIBIG v. SMITH

No. 200.

49 Wis.2d 237 (1970)

181 N.W.2d 413

ESTATE OF DEIBIG: DAVIS and another, Appellants, v. SMITH, Executor, Respondent.

Supreme Court of Wisconsin.

Decided December 4, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by La Follette, Sinykin, Anderson, Davis & Abrahamson, attorneys, and Earl Munson, Jr., of counsel, all of Madison, and oral argument by Mr. Munson.

For the respondent there was a brief and oral argument by Warren E. Kuehling of Madison.

HALLOWS, C. J.

The trial court was correct in holding it had jurisdiction to decide the issue, but we do not agree it was bound by the rules of unjust enrichment and not by the trust instrument. The provisions of sec. 231.36 (2) and (4), Stats., created in 1959, relating to a nontestamentary trust proceeding in the county and circuit courts, do not prevent a county court in probate from passing upon a claim based upon a trust instrument. The county court may hear...

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