TOOMBS v. DANIELS

No. C9-83-89.

361 N.W.2d 801 (1985)

Carol Daniels TOOMBS, Respondent, v. David M. DANIELS, John H. Daniels, and Amelia Luzaich, Thomas Truman Daniels, et al., Appellants. In the Matter of the Trusteeship of the Trust Created under the Agreement and Declaration of Trust dated March 1, 1920, by and between John W. Daniels, Thomas L. Daniels, Amelia L. Daniels and Frances H. Daniels, as Subscribers and John D. Daniels, Thomas Daniels and Amelia L. Daniels as Trustees.

Supreme Court of Minnesota.

January 25, 1985.


Attorney(s) appearing for the Case

Lawrence C. Brown, Bonnie M. Fleming, Minneapolis, for David A. Daniels, John H. Daniels and Amelia Luziach.

John L. Hannaford, Alan I. Silver, St. Paul, for Cluett David K. Daniels, Thomas Truman Daniels, Thomas Tilden Daniels, Katherine A. Daniels, William C. Daniels, Forrest L. Daniels, III, and Carolyn Daniels.

John H. Daniels, Jr., Minneapolis, for Martha Daniels, Martha D. Jones, Martha W. Shull, Willard C. Shull, IV, John H. Daniels, Jr., Jane Daniels Moffett, Christopher W. Daniels and Cedar Daniels.

Lawrence E. Larson, Greenwich, Conn., for Jean D. Cluett and David K. Daniels.

Raymond A. Reister, Thomas Tinkham, William J. Berens, Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

The trustees and other beneficiaries of the John W. Daniels Trust Estate jointly appeal from a declaratory judgment entered by the Hennepin County District Court declaring that Carol Daniels Toombs is and has been, since her adoption in March 1936, a beneficiary of a trust created in 1920 by the agreement of four settlors: her grandparents, John H. and Amelia L., and her parents, Thomas L. and Frances H. Daniels. Carol was awarded the sum she...

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