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IN RE TRUST CREATED BY WILL OF PATRICK

No. 38,010.

259 Minn. 193 (1960)

106 N.W. (2d) 888

IN RE TRUST CREATED BY LAST WILL AND TESTAMENT OF RICHARD STEEDMAN PATRICK. PHILIP KING PATRICK AND ANOTHER v. NORTHERN CITY NATIONAL BANK OF DULUTH AND OTHERS.

Supreme Court of Minnesota.

December 16, 1960.

Attorney(s) appearing for the Case

Nye, Montague, Sullivan & McMillan, for appellants.

Butchard, Fredin & Eaton, for respondents descendants of Lydia Woodbridge Jamar and Roger M. Woodbridge.

James J. Courtney & Sons, for respondents Jessie Norval and her children.

LOEVINGER, JUSTICE.

This case involves the question whether a putatively adopted son is a "descendant" within the meaning of a will.

Testator died a resident of Duluth, Minnesota, in 1949. His will, executed in 1940, left the residue of the estate to testator's wife, and upon her death in specified proportions to testator's stepdaughter and siblings, if then living, and, if not, to their respective "descendants."

Testator's brother, John Patrick, died...

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