Waukesha Spa v. First Wisconsin Trust Co.

The following memorandum was filed March 31, 1936 :

(on motion for rehearing'). On motion for rehearing, in response to the statement contained in the opinion to the effect that a beneficiary of a trust cannot by the acceptance of services or goods create a liability against the trustee, the claimant cites Restatement, Trusts, § 157, and certain cases in support of the proposition there stated. We must begin our consideration of this matter with the fact in mind that the trust created for the benefit of Miss Ray by *23her brother’s will conferred a discretion upon the trustee. By the terms of the…