Brady v. First Wisconsin Trust Co.

The issue is whether the appellants are entitled to have their reasonable attorneys’ fees paid out of the trust estate when the trustee stands neutral in a controversy to determine who are the proper beneficiaries to receive trust income.

The appellants contend the respondent as trustee had a duty to defend the rights of the beneficiaries of the trust against the adverse claim of Helen Bischoff and the trustee having failed to do so the appellants are entitled to their attorneys’ fees from the trust estate for performing such services. We do not view the facts as giving rise to a contest…