In Re Trusteeships Under Will of Drake

I. M. Olsen, Justice.

For convenience we refer to the parties as plaintiff and defendant.

The plaintiff appeals from an order of the district court settling the account of defendant, as trustee for plaintiff under a testamentary trust created by the will of plaintiff’s father, Shirley H. Drake. The defendant.was also the executor under the will of Shirley Drake until the final decree in said estate was made in July, 1925. Shirley Drake died in 1917, and defendant qualified as executor of the estate in the probate court of Hennepin county soon thereafter. There was a partial distribution of the…