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IN RE TRUST CREATED BY PHILLIPS

Nos. 37,328 to 37,368.

252 Minn. 301 (1958)

90 N.W. (2d) 522

IN RE TRUST CREATED BY GLADYS PHILLIPS. PASCHA M. GOLDBERG, PETITIONER.

Supreme Court of Minnesota.

May 2, 1958.

Attorney(s) appearing for the Case

Henry Halladay, Charles Frisch, Dorsey, Owen, Barker, Scott & Barber, Samuel Saliterman, and Michael Robins, for appellant.

Maslon, Kaplan, Edelman, Joseph & Borman, for respondent.

MATSON, JUSTICE.

Appeal in each of 41 different trust proceedings from an order granting respondent's motion to dismiss appellant's petition for lack of jurisdiction over the subject matter. The appeals have all been consolidated for consideration by this court.1

The sole issue raised by these appeals is whether a person not named a trustee by the trust instrument of an express trust, nor appointed a trustee by a court, who performs...

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