IN RE TRUST CREATED BY WILL OF WARNER

No. 36,173.

240 Minn. 540 (1953)

IN RE TRUST CREATED BY WILL OF REUBEN WARNER. FIRST TRUST COMPANY OF ST. PAUL AND ANOTHER v. DAKIN COCHRANE.

Supreme Court of Minnesota.

December 31, 1953.


Attorney(s) appearing for the Case

Robins, Davis & Lyons and Kenneth E. Tilsen, for appellant.

Lightner & Gehan, for respondents.


MATSON, JUSTICE.

Appeal, by a remainderman beneficiary, from an order terminating a trust and providing for the delivery of the trust res to the life beneficiary free and clear of the trust.

We are concerned with this question: Under the testamentary trust instrument herein may a successor trustee exercise the power conferred upon the original trustees to pay and deliver the whole or any part of the trust principal to the life beneficiary in the event...

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