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MATTER OF BORIGHT

No. CO-84-993.

359 N.W.2d 647 (1984)

In the Matter of the Trust Established Under Trust Agreement of Thomas A. BORIGHT, Deceased.

Court of Appeals of Minnesota.

Review Granted March 7, 1985.

Attorney(s) appearing for the Case

Theodore N. Treat, Jr., Efrain M. Padro, Peterson & Treat, P.A., Minneapolis, for appellant.

Martin H. Fisk, Briggs & Morgan, St. Paul, for respondent.

William J. Berens, Dorsey & Whitney, Minneapolis, for trustee.

Heard, considered and decided by POPOVICH, C.J., and SEDGWICK and LESLIE, JJ.

OPINION

POPOVICH, Chief Judge

Appellant Gutierrez, an income beneficiary, appealed the trial court's order granting respondent's motion to purchase an annuity and terminate the trust. We reverse.

FACTS

Thomas A. Boright entered into a revocable inter vivos trust agreement with the First National Bank of Minneapolis on July 27, 1977. He executed an amendment on March 31, 1979, which provided:

C. The remaining assets, after the foregoing...

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