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IN RE TRUST OF WARNER

No. 39959.

145 N.W.2d 542 (1966)

In re TRUST created for benefit of Harold L. WARNER, et al., under Will of Ellsworth C. Warner, deceased. FIRST NATIONAL BANK OF MINNEAPOLIS, trustee, Katherine Warner Erdall, life income beneficiary, and Katherine W. Doerr, one of the remaindermen, Respondents, v. Harold L. WARNER, one of the life income beneficiaries, Appellant.

Supreme Court of Minnesota.

October 14, 1966.

Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Joseph & Borman, and Melvin L. Burstein and Stephen B. Swartz, Minneapolis, for appellant.

Cant, Haverstock, Beardsley, Gray & Plant, Faegre & Benson, George McClintock, Jr., and Stephen E. Lee, Minneapolis, for respondents.

OPINION

MURPHY, Justice.

This appeal is from an order of the district court approving the accounts of the respondent trustee and denying distribution of stock dividends on a basis established by a previous order of the court. The issue turns upon the res judicata effect of the previous order, entered by the district court in proceedings under Minn.St. 501.35, which statute authorizes the court to issue instructions in the administration of a trust and settle...

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