Alerus Financial, N.A. v. Western State Bank

CROTHERS, Justice.

[¶ 1] Alerus Financial, N.A., and S. Luther Simonson, the current successor trustees of the Robert F. Fritz Living Trust (“Trustees”), appeal from a summary judgment granted to Western State Bank and A.G. Edwards & Sons, Inc. We conclude the district court did not err in granting A.G. Edwards summary judgment because the Trustees failed to raise a genuine issue of material fact that former trustee Dale Gifford was not authorized to withdraw trust assets from the trust’s accounts with A.G. Edwards under a general power of attorney and a trust agreement. We conclude, however,…