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  5. 305 N.W.2d 755 (1981)
 

MATTER OF IRREVOCABLE INTER VIVOS TRUST, ETC.

Nos. 50610, 50611.

305 N.W.2d 755 (1981)

In the Matter of the IRREVOCABLE INTER VIVOS TRUST ESTABLISHED BY R. R. KEMSKE BY TRUST AGREEMENT DATED OCTOBER 24, 1969 and In the Matter of the REVOCABLE INTER VIVOS TRUST ESTABLISHED BY R. R. KEMSKE BY TRUST AGREEMENT DATED OCTOBER 17, 1972 STATE BANK & TRUST COMPANY OF NEW ULM, Respondent, v. Carol J. MELZARK et al, Appellants, v. STATE BANK & TRUST COMPANY OF NEW ULM, Respondent.

Supreme Court of Minnesota.

Rehearing Denied June 1, 1981.

Attorney(s) appearing for the Case

Cochrane & Bresnahan and Stewart Loper, St. Paul, for appellants.

Gislason, Dosland, Malecki, Gislason & Halverson and C. Allen Dosland, New Ulm, Fredrikson, Byron, Colborn, Bisbee & Hansen and John P. Byron and Jack Helms, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

SIMONETT, Justice.

The beneficiaries of two trusts filed objections to the allowance of the trustee's accounts and petitioned for surcharge. After trial in county court, the trial judge granted relief as to the trust created in 1969 but denied the objectors' claims for the trust created in 1972. On appeal to a three-judge district court panel, the county court's order was reversed on the 1969 trust and affirmed as to the 1972 trust. We granted leave for the objectors...

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