Matter of Estate of Congdon

I agree with the result reached by the majority opinion, but I am troubled by the action taken by the trustees in this case.

As noted in the majority opinion, the trustees of the various trusts in this case petitioned the court for an order restraining distribution until the question of Marjorie Caldwell’s involvement in the Congdon murder was resolved. I do not believe that the trustees acted properly when they filed this petition. We said in In re Great North-*273era Iron Ore Properties, 263 N.W.2d 610, 621 (Minn.1978), cert. denied, 439 U.S. 835, 99 S.Ct. 116, 58 L.Ed.2d 130 (1978), that “[i]t…