Legal Opinion

In Re the Trust Established Under Trust Agreement of Boright

Court of Appeals of Minnesota

Decided March 7, 1985No. CO-84-993PublishedCited by 3 opinions

1Opinion of the Court

OPINION

POPOVICH, Chief Judge

Appellant Gutierrez, an income beneficiary, appealed the trial court’s order granting respondent’s motion to purchase an annuity and terminate the trust. We reverse.

FACTS

Thomas A. Boright entered into a revocable inter vivos trust agreement with the First National Bank of Minneapolis on July 27, 1977. He executed an amendment on March 31, 1979, which provided:

C. The remaining assets, after the foregoing payments, shall then constitute a single trust which shall be administered by the trustee as follows:

1. Beginning as of the date of the donor’s death the trustee…

2Cases cited5 opinions

  1. In Matter of Campbell's TrustsSupreme Court of Minnesota · 1977
  2. In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
  3. Ploog v. OgilvieSupreme Court of Minnesota · 1981
  4. In Re the Trust Known as Great Northern Iron Ore PropertiesSupreme Court of Minnesota · 1981
  5. In Re Trust of TuffordSupreme Court of Minnesota · 1966

3Cited by3 opinions

  1. Gopher Oil Co., Inc. v. Union Oil Co. of CaliforniaDistrict Court, D. Minnesota · 1991
  2. In Re the Trust Established Under Trust Agreement of BorightSupreme Court of Minnesota · 1985
  3. In re the Trust Established Under Trust Agreement of BorightCourt of Appeals of Minnesota · 1986

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