IN RE TRUSTEESHIP UNDER WILL OF SCHMIDT

No. 37,515.

256 Minn. 64 (1959)

97 N.W. (2d) 441

IN RE TRUSTEESHIP UNDER WILL OF ALBERT SCHMIDT. FIRST NATIONAL BANK OF MINNEAPOLIS v. FRIDA KIRSCHMANN AND OTHERS. WILLIAM P. ROGERS, ATTORNEY GENERAL OF THE UNITED STATES, APPELLANT.

Supreme Court of Minnesota.

June 19, 1959.


Attorney(s) appearing for the Case

Dallas S. Townsend, Assistant Attorney General, George E. MacKinnon, United States Attorney, District of Minnesota, Kenneth C. Owens, Assistant United States Attorney, George B. Searls, Irwin A. Seibel, and Paul J. Spielberg, Attorneys, Department of Justice, for appellant.

Walter U. Hauser and John H. Farley, for respondents.


NELSON, JUSTICE.

Albert Schmidt died testate February 7, 1937. His last will and testament bearing date May 22, 1929, was duly admitted to probate on March 29, 1937, by order of the probate court of Hennepin County. The testator placed a sum in trust under the second paragraph of his will as follows:

"Second: I give and bequeath the sum of One Hundred and Thirty-five Thousand Dollars ($135,000.00) in cash and/or securities selected by my Executor out...

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