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IN RE TRUST AGREEMENT DATED DEC. 31, 1974

No. A03-454.

674 N.W.2d 222 (2004)

In the Matter of the TRUSTEESHIP OF the TRUST CREATED UNDER TRUST AGREEMENT DATED DECEMBER 31, 1974; and In the Matter of the Trusteeship of the Trust Created Under Trust Agreement Dated December 30, 1980; and, In the Matter of the Trust Created Under Trust Agreement Dated December 30, 1980.

Court of Appeals of Minnesota.

February 3, 2004.

Attorney(s) appearing for the Case

Morris M. Sherman, Jane F. Godfrey, David R. Crosby, Leonard, Street and Deinard, Minneapolis, MN; and Judith T. Younger, University of Minnesota Law School, Minneapolis, MN, of counsel, for appellants PAM and DHM.

Richard B. Solum, Joseph K. Thiegs, Dorsey & Whitney, L.L.P., Minneapolis, MN, for respondent Trustees.

Kay Nord Hunt, Phillip A. Cole, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, MN, for respondent beneficiaries.

Considered and decided by HALBROOKS, Presiding Judge, KALITOWSKI, Judge, and STONEBURNER, Judge.

OPINION

HALBROOKS, Judge.

Respondent trustees brought a petition pursuant to Minn.Stat. § 501B.16 (2002), requesting the district court to determine beneficiaries and interpret terms of three trusts created by settlor JHM. Appellants, JHM's ex-wife PAM and the children born to her during her marriage to JHM (the younger children), challenge the district court's interpretation of trust language determining the beneficiaries of the trusts. Appellants...

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