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IN RE WILL OF DeREU

No. 42974.

197 N.W.2d 229 (1972)

In re express trust in the last WILL and testament of Charles L. DeREU, Deceased. Veronica McKAY, trustee, Respondent, v. Jeanette CARLSON, Appellant.

Supreme Court of Minnesota.

April 21, 1972.

Attorney(s) appearing for the Case

Callaghan & Nelson, Glenwood, for appellant.

Quarnstrom, Doering & Leary, Marshall, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and PETERSON, JJ.

ROGOSHESKE, Justice.

This is an appeal by Jeanette Tobkin Carlson from an order of the district court denying a motion for an amendment to its order interpreting provisions of an express trust in the will of Charles L. DeReu, who died March 4, 1956. Since we find the court's interpretation in conflict with the intention of the testator and contrary to settled law that, absent an expression to the contrary by a testator of a testamentary trust, a beneficiary of income...

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