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IN RE TRUST CREATED UNDER AGREEMENT

No. C6-02-1789.

660 N.W.2d 421 (2003)

In the Matter of the TRUST CREATED UNDER AGREEMENT WITH George B. LANE, dated December 30, 1935. In the Matter of the Trust for the Benefit of George Lane Barbour Under Article V. of the Will of George B. Lane. In the Matter of the Trust Created Under Agreement with Nellie S. Lane, dated December 30, 1935. In the Matter of the Trust of Gwenyth Barbour DeWitt Under Articles V. and VII. Of the Will of Lewis W. Barbour.

Court of Appeals of Minnesota.

April 29, 2003.

Attorney(s) appearing for the Case

Robert A. LaFleur, Jeffrey D. Bores, Becky L. Erickson, Chestnut & Cambronne, P.A., Minneapolis, MN, for appellants Jeffrey Hale Barbour and Pamela Miller.

Mary R. Vasaly, Margaret A. Garvin, Maslon Edelman Borman & Brand, Minneapolis, MN, for respondents George L. Barbour and Charles B. DeWitt.

R. Thomas Greene, Jr., James D. Lamm, Rider, Bennett, Egan & Arundel, LLP, Minneapolis, MN, for Trustee U.S. Bank National Association.

William J. Berens, Christopher T. Shaheen, Dorsey & Whitney, LLP, Minneapolis, MN, for John Gottsleben.

Considered and decided by WILLIS, Presiding Judge, SCHUMACHER, Judge, and ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge.

In this probate proceeding, appellants contest the district court's determination that respondent was eligible to benefit from a testamentary trust. Appellants argue that the district court erred in (1) finding that respondent, whose mother was explicitly excluded from the trust, was a beneficiary of the trust by virtue of his adult adoption by his uncle and (2) denying the trustee's petition to investigate the circumstances...

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