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IN RE WILL OF DEZELL

No. 43031.

194 N.W.2d 190 (1972)

In re trust created under the last WILL and testament of Rosalia DEZELL, Deceased. Margaret DEZELL, named beneficiary, Appellant, v. Mark L. PIKE, Respondent, Esther Dezell, Respondent.

Supreme Court of Minnesota.

January 21, 1972.

Attorney(s) appearing for the Case

John J. Flanagan, St. Paul, for appellant.

Kueppers, Kueppers & VonFeldt, St. Paul, for Mark L. Pike.

Terrance S. O'Toole, St. Paul, for Esther Dezell.

Heard before KNUTSON, C. J., and OTIS, KELLY, and HACHEY, JJ.

OPINION

OTIS, Justice.

The question before us is whether, under the terms of a testamentary trust, a beneficiary described as "my daughter-in-law, Margaret Dezell," may take if, after the death of the settlor, she is divorced from the settlor's son. The trial court held she was not entitled to take, and we reverse.

Donald Dezell, a son of the settlor, Rosalia Dezell, was married to Margaret Dezell in 1943. In 1960, Rosalia executed a will creating...

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