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IN RE TRUSTS CREATED BY AGREEMENT WITH HARRINGTON

Nos. 45707 to 45714.

250 N.W.2d 163 (1977)

In re TRUSTS Created by Agreement with Charles M. HARRINGTON, dated March 23, 1923, and under the Last Will and Testament of Charles M. Harrington, Deceased.

Supreme Court of Minnesota.

Rehearing Denied February 3, 1977.

Attorney(s) appearing for the Case

Gray Plant Mooty & Anderson, Kenneth M. Anderson and Larry R. Henneman and Richard A. Moore, Jr., Minneapolis, for Andrews, and others.

Henson & Tully, Robert F. Henson and Joseph T. Dixon, Jr., Minneapolis, for Trustee of Diocese of Minn. Inc., and others.

Faegre & Benson, John E. Harris and Richard Ihrig, Minneapolis, for N. W. Nat. Bk. of Mpls.

Warren Spannaus, Atty. Gen., Richard G. Mark, Sol. Gen., and Stephen F. Befort, Spec. Asst. Atty. Gen. St. Paul, for Atty. Gen. and respondents.

Dorsey, Marquart, Windhorst, West & Halladay, Faith L. Ohman and Robert A. Burns, Minneapolis, for First Nat. Bk.

Heard before KELLY, MacLAUGHLIN, and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

Appellants, who are the adopted children of trustor's natural daughter, appeal from an order of the district court denying them benefits of certain trusts. We reverse.

On March 23, 1923, Charles M. Harrington (hereinafter trustor) created several testamentary trusts vesting after the death of his daughter, Laura Belle Hudson, life estates in income in "the child or children of my said daughter, the issue of her body, until the death...

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