IN RE ADOPTION OF BERSTON

No. 43547.

206 N.W.2d 28 (1973)

In re ADOPTION OF Maxine M. BERSTON. H. Robert BERSTON, petitioner, Appellant, v. MINNESOTA DEPARTMENT OF PUBLIC WELFARE, Respondent.

Supreme Court of Minnesota.

March 30, 1973.


Attorney(s) appearing for the Case

Cochrane & Bresnahan and James G. Roban, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Curtis D. Forslund, Sol. Gen., Judy L. Oakes, Asst. Sol Atty. Gen., St. Paul, for respondent.

Reconsidered en banc.


PETERSON, Justice.

This is an appeal from an order denying a petition to adopt.

Petitioner is a 29-year-old, single male. The person whom he wishes to adopt is his 53-year-old mother. Petitioner is the beneficiary of a trust established by his late father, who divorced petitioner's mother in 1946. The terms of that trust provide that the trust is to be distributed to petitioner when he reaches the age of 45, or to his issue if he should die prior to that age...

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