Niles v. Rogovsky

{dissenting). I respectfully dissent from that part of the decision which holds that an estate when it has been assigned to trustees has not been settled and distribution thereof has not been made because the trust has not been executed. While it is true that the county court, under the provisions of sec. 2443, Stats., has jurisdiction of a trust created by a will which has been admitted to probate in such court, its jurisdiction is not exclusive, and the estate when assigned to the testamentary trustees is settled.

In Lamberton v. Pereles, 87 Wis. 449, 58 N. W. 776, it was said:

“The will in…