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Trusts and Estates — breach of fiduciary duty — fraud

Wisconsin Court of Appeals

Civil

Trusts and Estates — breach of fiduciary duty — fraud

Morris Brown appeals from a judgment entered after the circuit court granted First Capital Surety & Trust Corporation’s motion for summary judgment. First Capital was the trustee and trust administrator of a spendthrift trust of which Brown was the grantor and beneficiary. Brown argues that the circuit court erred on summary judgment in concluding that First Capital did not breach the trust agreement or breach its fiduciary duty, and in concluding that Brown did not plead his Wis. Stat. § 551.501 (2009-10) fraud claim with sufficient particularity. For the reasons which follow, we affirm. Not recommended for publication in the official reports.

2011AP63 Brown v. First Capital Surety & Trust Corporation

Dist I, Milwaukee County, Witkowiak, J., Brennan, J.

Attorneys: For Appellant: Bolt, James A., Fitchburg; For Respondent: Wagner, Roy E., Milwaukee


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