Wertin v. Wertin

Julius J. Olson, Justice.

This is an appeal by Norbert M. Wertin from an order appointing a cotrustee to act as such with him in the performance of trust duties of an express trust created by the will of John Wertin, who died testate September 19, 1910, a resident of Stearns county. His will was admitted to probate on October 18 by the probate court of that county. Under its terms, testator appointed appellant and one Roman Jesh to be executors of the will and testamentary trustees of the trust created thereby.

Mr. Jesh failed to qualify as executor. Norbert, however, promptly qualified, and to…