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MATTER OF HARTMAN

No. C6-83-3.

347 N.W.2d 480 (1984)

In the Matter of the Trusts Created in and by the Last Will and Testament of Robert HARTMAN, a.k.a. Robert E. Hartman, Deceased.

Supreme Court of Minnesota.

April 13, 1984.

Attorney(s) appearing for the Case

Jerome B. Pederson, William J. Brody, Minneapolis, for Karl Malischke.

Lehan J. Ryan, William P. Studer, Thomas E. Lund, St. Paul, for beneficiaries.

McNeil V. Seymour, Jr., St. Paul, for trustees.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Erwin J. Schmid and First Trust Company of St. Paul, the trustees, instituted this action by filing a petition for instructions as to the final distribution of the residuary trust created by the will of Robert Hartman (testator). Respondents, testator's great grandchildren, sought a construction whereby they would receive the entire remainder of the trust estate to the exclusion of appellant, Karl Malischke.1 Malischke...

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