Trusts and Estates — donative intent

By: WISCONSIN LAW JOURNAL STAFF//October 16, 2013//

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Wisconsin Court of Appeals

Civil

Trusts and Estates — donative intent

Spouses Ralph and Lillian Small held an ownership interest in a limited partnership until their deaths, when the interest was transferred to Michael, James, and Alan Welsch, Lillian’s adult sons from a former marriage. Sharon Mitchell and Susan McCormick and their spouses appeal from the judgment transferring the interest. Mitchell and McCormick are Ralph’s nieces (we will refer to them and their spouses collectively as “the nieces”). The nieces contend the circuit court failed to consider the Smalls’ donative intent, reformation of a document, and unjust enrichment. We reject the nieces’ arguments and affirm. This opinion will not be published.

2013AP568 Mitchell, et al. v. Welsch

Dist II, Sheboygan County, Van Akkeren, J., Per Curiam

Attorneys: For Appellant: La Fleur, Catherine A., Milwaukee; For Respondent: McKinley, Joshua Dean, Sheboygan

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