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HALLIN v. HALLIN

No. 97-3194.

228 Wis.2d 250 (1999)

596 N.W.2d 818

IN the MATTER OF the TRUST CREATED BY Harold C. SPENGLER, under agreement dated August 15, 1959: Kurt HALLIN, Appellant-Cross-Respondent, v. John HALLIN, Trustee, Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided May 5, 1999.

Attorney(s) appearing for the Case

On behalf of the appellant-cross-respondent, the cause was submitted on the briefs of Thomas M. Pyper and Theresa M. Hottenroth of Whyte, Hirschboeck, Dudek, S.C. of Madison

On behalf of the respondent-cross-appellant, the cause was submitted on the briefs of James W. Hammes of Cramer, Multhauf & Hammes, LLP of Waukesha.

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

SNYDER, P.J.

Kurt Hallin appeals from a July 6, 1996 decision and order and a September 4, 1997 final order of the trial court determining the proper distribution of the Harold C. Spengler Education Trust of 1959 (the Spengler Trust), which was established for the education and general welfare of Spengler's five grandchildren. As a beneficiary of the Spengler Trust, Kurt contends that trustee John Hallin, Kurt's father, breached his fiduciary duty by loaning the trust...

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