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MATTER OF BORIGHT

No. CO-84-993.

377 N.W.2d 9 (1985)

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

Supreme Court of Minnesota.

November 15, 1985.

Attorney(s) appearing for the Case

Martin H. Fisk, St. Paul, for appellant.

Theodore N. Treat, Jr., Minneapolis, for Ana R. Gutierrez.

William J. Berens, Minneapolis, for First Nat. Bank of Minneapolis.

Heard, considered and decided by the court en banc.

COYNE, Justice.

Michael T. Mattox, a remainderman under a trust created by Thomas A. Boright, Sr., deceased, has obtained further review of a decision by a panel of the court of appeals, the majority holding that the trial court erred in directing the trustee to purchase an annuity contract providing the surviving life beneficiary under the trust, Ana Gutierrez, a life annuity of $12,000 per year and to distribute the remaining assets to the remainder beneficiaries...

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