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IN RE TRUSTS A & B OF DIVINE

No. A03-405.

672 N.W.2d 912 (2001)

In re TRUSTS A & B Created under the Last Will and Testament OF Rube DIVINE a/k/a Ruben Divine.

Court of Appeals of Minnesota.

January 6, 2001.

Attorney(s) appearing for the Case

James F. Baldwin, Gregory J. Wiley, Moss & Barnett, P.A., Minneapolis, MN, (for appellant Perry Divine).

Alan I. Silver, Jessica Mason Pieklo, Bassford Remele, P.A., Minneapolis, MN, (for respondent U.S. Bank National Association).

Robert D. Schwartz, St. Louis Park, MN, (for respondent estate of Patricia Divine).

Arnold Schribman, Plymouth, MN, (for respondents Dianne Divine and Neil Boderman).

Considered and decided by KLAPHAKE, Presiding Judge; WILLIS, Judge; and ANDERSON, Judge.

OPINION

WILLIS, Judge.

In this dispute, arising from the trustees' motion for an order approving an accounting for two trusts, appellant challenges the district court's grant of summary judgment to the trustees. Appellant argues that there are genuine issues of material fact that preclude summary judgment and that the district court erred (1) in its interpretation of the term "sole discretion" as it is used in the trusts; (2) by concluding that the exculpatory...

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