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IN RE TRUST UNDER LAST WILL OF GARDNER

No. 38,878.

266 Minn. 127 (1963)

123 N.W.(2d) 69

IN RE TRUST UNDER LAST WILL OF CLARIBEL H. GARDNER. GEORGE H. GARDNER v. McNEIL V. SEYMOUR AND OTHERS.

Supreme Court of Minnesota.

July 19, 1963.

Attorney(s) appearing for the Case

David W. Raudenbush, Cole Oehler, and Briggs & Morgan, for appellant.

Francis D. Butler and Doherty, Rumble & Butler, for respondent remainderman.

M.V. Seymour and McNeil V. Seymour, Jr., for respondent trustees.

Sheridan J. Buckley, Jr., for Frances L. Clarke, amicus curiae.

David R. Brink and Dorsey, Owen, Marquart, Windhorst & West, for First National Bank of Minneapolis, amicus curiae.

KNUTSON, CHIEF JUSTICE.

This is an appeal by the life tenant of a testamentary trust from a part of an order entered by the district court in a statutory trust accounting procedure.

The case involves two distinct questions that will be considered separately. The first concerns the allocation of stock dividends received by the trustees on stock held by them. The second concerns the proper allocation of capital gains distributed by regulated investment funds...

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