MATTER OF SCHROLL

No. 50094.

297 N.W.2d 282 (1980)

In the Matter of the Trust Created by Maud H. SCHROLL for the Benefit of Laurence H. Dorcy, Jr. on March 16, 1969. Laurence H. DORCY, Jr., primary life beneficiary, Appellant, v. The FIRST TRUST COMPANY OF ST. PAUL, Trustee, Respondent, J. Neil Morton, guardian ad litem, Respondent.

Supreme Court of Minnesota.

September 5, 1980.


Attorney(s) appearing for the Case

Murnane, Murnane, Conlin & White and John Hirte, St. Paul, for appellant.

Doherty, Rumble & Butler and Irving Clark, St. Paul, for respondent First Trust Co. of St. Paul.

J. Neil Morton, pro se.

Briggs & Morgan and Steve Brand, St. Paul, for respondent Morton.

Heard before OTIS, PETERSON, and TODD, JJ., and considered and decided by the court en banc.


OTIS, Justice.

The relief here sought by a trust settlor and her designated beneficiaries is first, the revocation of a provision in the trust requiring successor trustees to be corporate trustees; second, the removal of the present corporate trustee; and third, the appointment of an individual successor trustee. The respondent trust company has petitioned the trial court for an order "Instructing the Petitioner as to the proposed amendment and approving or disapproving...

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