eBook details
- Title: In Re Matter Of The Trust Under The Will Of Rene Von Schleinitz For The Benefit Of Schleinitz
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 05, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
¶1 The Trust of Rene von Schleinitz appeals from a judgment declaring that Geoffrey and Edith Maclay own a parcel of land claimed by both the Maclays and the Trust. The Trust contends that the trial court's declaration of property rights in this case is contrary to a previous probate judgment concerning the same property, and that its factual findings are clearly erroneous. The Maclays respond that the probate judgment and the trial court's factual findings establish that they own the land in fee simple. The Maclays also cross-appeal from the portion of the court's judgment determining that the Maclays' alternative grounds for relief on the basis that one of the trustees is disqualified in this matter is inapplicable. We conclude that the probate judgment establishes that the Trust, not the Maclays, owns the land at issue. We further conclude that we have no basis to order the trial court to withdraw language from its findings and conclusions. We therefore reverse.