2009AP2337, 2009AP3191 In re the estate of Arlene W. Bowsher

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Trusts and Estates
Partial assignment; judicial estoppel

Rick S. Guerard appeals from a judgment that admitted the will of Arlene W. Bowsher to probate and stated that Guerard, the sole beneficiary under the will, could not withdraw an amended partial assignment that he made earlier in this probate case. In response, one of the respondents, The Province of St. Joseph’s of the Capuchin Order (hereafter, “Capuchin”), contends that Guerard should be judicially estopped from asking the court to allow withdrawal of the amended partial assignment. We agree with Capuchin that judicial estoppel applies and, therefore, we affirm the judgment.

Guerard also appeals from a trial court order directing that the Estate pay the amended partial assignment prior to paying attorney fees to Guerard’s attorney. Guerard argues that the trial court erroneously exercised its discretion. We reject his argument and affirm the order. Not recommended for publication in the official reports.

2009AP2337, 2009AP3191 In re the estate of Arlene W. Bowsher

Dist I, Milwaukee County, DiMotto, J., Kessler, J.

Attorneys: For Appellant: Barrock, Mitchell, Brookfield; For Respondent: Smith, Douglas O., Milwaukee; Tessmer, Kathleen T., Milwaukee; Anderson, Richard John, III, Milwaukee

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