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SPIESS v. SCHUMM

No. C3-89-957.

442 N.W.2d 179 (1989)

Estate of Elmer J. SPIESS, deceased, JoAnn B. Carlson, Personal Representative, Respondent, v. Frank SCHUMM, Appellant.

Court of Appeals of Minnesota.

July 3, 1989.

Attorney(s) appearing for the Case

John J. Doherty, Minneapolis, for respondent.

Michael J. Long, Theis & Long, Glencoe, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., and LANSING and SHORT, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

This appeal involves funds held in a payment on death (POD) account established by the decedent, Elmer Spiess. The appellant, Frank Schumm, was named on the account agreement as beneficiary.

Following a trial to the court, judgment was entered determining Spiess intended that Schumm was only to be trustee of a trust account, and that the funds in the POD account were to be distributed to...

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