39 Wis. 2d 437 - Richards v. Barry’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he court surcharged the trustee with the attorney’s fees and accountant’s fees of the remaindermen on equitable grounds and this action is claimed to be error. The court considered it was not taxing costs for the amount of the fees but was surcharging the trustee and based its decision on the equitable proposition that the trustee had needlessly caused the remaindermen to incur these expenses to attain a proper accounting which they had a right to have. The trustee argues the trial court had no such equitable power and that this so-called surcharge is in effect a taxing of costs not authorized by the statute and especially cannot be justified under sec. 271.14, Stats., because no mismanagement or bad faith was found. . . . On first impression there would seem to be merit in surcharging or making a trustee personally responsible for causing needless expenditures on the part of the re-mandermen. However, where the trustee’s conduct is not found to be in bad faith but only substandard performance of his duty, we think that although compensation for his work may be denied he ought not in equity be personally liable for expenses he caused the remainder-men. . . . We think the expenses of the remaindermen for their attorney . . . are properly paid out of this estate.”

   2 later decisions quote this exact passage
   e.g. 115 Wis. 2d 670 - In Matter of Guardianship & Estate of PAH · 380 Wis. 2d 108 - Laatsch v. Derzon (In re Estate of Derzon)

2. “On first impression there would seem to be merit in surcharging or making a trustee personally responsible for causing needless expenditures on the part of the remaindermen. However, where the trustee's conduct is not found to be in bad faith but only substandard performance of his duty, we think that although compensation for his work may be denied he ought not in equity to be personally liable for expenses he caused the remaindermen.”

   1 later decision quote this exact passage
   e.g. 380 Wis. 2d 108 - Laatsch v. Derzon (In re Estate of Derzon)

3. “A trustee is not handling his own funds but funds of others and he must always be able to make a full accounting of his stewardship. When a trustee's accounts are not clear and accurate, all presumptions are against him and the obscurities and doubts are to be taken adversely against him.”

   1 later decision quote this exact passage
   e.g. 345 Wis. 2d 7 - Office of Lawyer Regulation v. Weigel