In the Matter of the TRUST CREATED BY Louis W. HILL ON DECEMBER 31, 1917, FOR THE BENEFIT OF MAUD HILL SCHROLL.
Court of Appeals of Minnesota.https://leagle.com/images/logo.png
April 20, 1993.
Review Denied July 15, 1993.
Attorney(s) appearing for the Case
David F. Herr, Maslon Edelman Borman & Brand, Minneapolis, and Mark Herrmann, Jones, Day, Reavis & Pogue, Cleveland, OH, for respondent Maud Hill Schroll.
Richard J. Thomas, Patrick H. O'Neill, Jr., Geraghty, O'Loughlin & Kenney, St. Paul, and Dominic J. Campisi, Evans, Latham, Harris & Campisi, San Francisco, CA, for appellant University Nat. Bank and Trust Co. of Palo Alto, CA.
Boyd H. Ratchye, Alan I. Silver, Robert G. Hensley, Patrick Williams, Doherty, Rumble & Butler, St. Paul, for respondent First Trust Nat. Ass'n.
Bradley G. Clary, Oppenheimer Wolff & Donnelly, St. Paul, for respondent Louis W. Hill, Jr. & Louis Fors Hill.
Frank G. Hammond, Alan H. Maclin, Briggs and Morgan, P.A., St. Paul, for respondent Doherty, Rumble & Butler.
John F. Alden, III, Minneapolis, and Michael E. Tankersley, Alan B. Morrison, Public Citizen Litigation Group, Washington, DC, for Public Citizen Litigation Group.
Michael R. O'Brien, Thomas C. Atmore, O'Neill, Burke, O'Neill, Leonard & O'Brien, Ltd., St. Paul, for respondent Patrick H. O'Neill.
Joseph L. Alioto, Sr., pro se.
James M. Dombroski, pro se.
Considered and decided by ANDERSON, C.J., and PARKER and KALITOWSKI, JJ.
Court of Appeals of Minnesota.
OPINION
ANDERSON, Chief Judge.
Appellant Maud Hill Schroll, the beneficiary of a securities and timberland trust, tried to unilaterally remove the trustee of her 1917 trust and appoint a replacement. The trustee petitioned the district court for instructions, challenging Hill Schroll's appointment and removal power. Hill Schroll and her two children counterclaimed against the trustee, alleging mismanagement of the trust assets and breach of fiduciary duties...
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