HURTIG v. GABRIELSON

No. C9-94-1464.

525 N.W.2d 612 (1995)

Joan B. HURTIG, Respondent, v. David G. GABRIELSON, Trustee of the Gordon H. Gabrielson Trust, Appellant.

Court of Appeals of Minnesota.

Review Denied March 14, 1995.


Attorney(s) appearing for the Case

William J. Wetering, Hedeen, Hughes & Wetering, Worthington, for respondent.

Michael J. DuPont, Robert A. Judd, Wagner, Falconer & Judd, Ltd., Minneapolis, for appellant.

Considered and decided by FORSBERG, P.J., and HUSPENI and DAVIES, JJ.


OPINION

HUSPENI, Judge.

Appellant trustee withheld distributions from respondent, while distributing to all other siblings, treating respondent as a contingent beneficiary of the trust, and using her equivalent share as a setoff against her debt to the trust estate. Because respondent's debt to the estate had been discharged in bankruptcy, the trial court ordered appellant to make the distributions. The terms of the trust give appellant absolute discretion...

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