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IN RE FOLEY TRUST

No. A03-43.

671 N.W.2d 206 (2003)

In the Matter of the Mary O. FOLEY TRUST created under Agreement dated August 22, 1974.

Court of Appeals of Minnesota.

November 18, 2003.

Attorney(s) appearing for the Case

Mary R. Vasaly, Jason A. Lien, Maslon, Edelman, Borman & Brand, LLP, Minneapolis, for appellants.

Harold R. Fotsch, Fotsch & Otto, P.A., St. Paul, for respondents U.S. Bank and Sister Mary Denise Villaume.

Philip R. Schenkenberg, Briggs & Morgan, P.A., St. Paul, for respondent Janet Villaume.

Considered and decided by WRIGHT, Presiding Judge; TOUSSAINT, Chief Judge; and G. BARRY ANDERSON, Judge.

OPINION

WRIGHT, Judge.

On appeal from an order construing a trust and an order denying a motion for a new trial, appellants contend that the district court erred in considering extrinsic evidence to construe the trust and in reforming earlier transactions in the trust. We affirm as modified.

FACTS

Mary O. Foley established the Mary O. Foley Trust (Foley trust) in 1974 to provide for her heirs upon her death. The trust agreement provided...

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