IN RE TRUST CREATED BY WILL OF TUTHILL

No. 36,736.

247 Minn. 122 (1956)

76 N.W. (2d) 499

IN RE TRUST CREATED BY WILL OF ELLA B. TUTHILL. LESTER R. BICKFORD v. NORMAN L. WICKLOW.

Supreme Court of Minnesota.

April 13, 1956.


Attorney(s) appearing for the Case

Leach & Leach, for appellant.

Nelson, Casey & Tripp, for respondent.


KNUTSON, JUSTICE.

The facts essential to a determination of the issue involved in this appeal may be briefly stated. By her will, Ella B. Tuthill created a trust primarily for the benefit of her incompetent son, Eugene Thomas Tuthill, the remainder to go to her son Blaine Andrews Tuthill and his children upon the termination of the trust at the death of Eugene. The material portions of the will read:

"All the rest, residue and remainder of my estate, real...

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