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MATTER OF DIOCESE OF BISMARCK TRUST

Civ. No. 920301.

500 N.W.2d 203 (1993)

In the Matter of the Petition for Supervision of the DIOCESE OF BISMARCK TRUST, Created by the Last Will and Testament of T. Clem Casey, by Myron H. Atkinson, Jr., and First Trust Company of North Dakota, N.A., Co-Trustees. Myron H. ATKINSON, Jr., and First Trust Company of North Dakota, N.A., Co-Trustees, Appellants, v. DIOCESE OF BISMARCK, Appellee.

Supreme Court of North Dakota.

May 17, 1993.

Attorney(s) appearing for the Case

Kermit E. Bye of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for appellants.

Albert A. Wolf of Wheeler Wolf, Bismarck, for appellee.

SANDSTROM, Acting Chief Justice.

Myron H. Atkinson, Jr., and First Trust Company of North Dakota, as co-trustees of the Diocese of Bismarck Trust, appeal from an order granting attorney's fees to the Diocese of Bismarck. We reverse.

In 1969, T. Clem Casey executed his Last Will and Testament. Article VI of the Last Will and Testament created the Diocese of Bismarck Trust.1 Casey died in 1970. Under the terms of the will, Myron...

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