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IN RE TRUSTEESHIP UNDER AGREEMENT WITH MAYO

Nos. 37,943, 37,944.

259 Minn. 91 (1960)

105 N.W. (2d) 900

IN RE TRUSTEESHIP UNDER AGREEMENT WITH CHARLES H. MAYO. ESTHER MAYO HARTZELL AND OTHERS v. G. SLADE SCHUSTER AND OTHERS.

Supreme Court of Minnesota.

November 10, 1960.

Attorney(s) appearing for the Case

Best, Flanagan, Lewis, Simonet & Bellows and Archibald Spencer, for appellants.

Dorsey, Owen, Barber, Marquart & Windhorst, David R. Brink, and Robert L. Crosby, for respondent trustees.

Richard Siegel, for respondent William J. Mayo II.

Roderick D. Peck, pro se, for guardian ad litem of unknown and incompetent beneficiaries.

DELL, CHIEF JUSTICE.

Appeals from orders of the district court denying the petitions of Esther Mayo Hartzell, as beneficiary, for orders authorizing the trustees of two separate trusts created by the late Dr. Charles H. Mayo on August 17, 1917, and March 28, 1919, to deviate from identical investment restrictions in the trust instruments or to construe the term "other forms of income bearing property" as used therein as authorizing investment of trust funds in corporate...

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