Legal Opinion
In Re Foley Trust
Court of Appeals of Minnesota
Decided November 18, 2003No. A03-43Published
1Opinion of the Court
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 that the trustees could make distributions from the trust at the direction of Foley unless she was un der an incapacity. In the event of Foley’s incapacity, the…
2Cases cited9 opinions
- Toombs v. DanielsSupreme Court of Minnesota · 1985
- In Matter of Campbell's TrustsSupreme Court of Minnesota · 1977
- Matter of Trust Created Under Agreement With McLaughlinSupreme Court of Minnesota · 1985
- Folk v. Home Mutual Insurance Co.Supreme Court of Minnesota · 1983
- First Trust Co. v. Union Depot Place Ltd. PartnershipCourt of Appeals of Minnesota · 1991
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