Krawcyzk v. Bank of Sun Prairie

Edmund Krawcyzk, a special trustee appointed to recover funds misappropriated from a cemetery perpetual care trust fund, appeals from a summary judgment dismissing his action against the Bank of Sun Prairie, William Livingston, the bank's trust officer, and Virginia Surety Co., Livingston's insurer. For ease of exposition, we will refer to the defendants collectively as "the bank."

Krawcyzk had sued the bank, the fund's former trustee, claiming that it had improperly transferred the trust's assets to the corporate owner of the cemetery. The bank defended on grounds that it was required to pay…