United States v. O'Shaughnessy

OPINION

WAHL, Justice.

The United States District Court, District of Minnesota, certified to this court, pursuant to Minn.Stat. § 480.061 (1992), the following question of state law:

Under Minnesota law, does the beneficiary of a discretionary trust with the provisions described herein have “property” or any “right to property” in nondistributed trust principal or income before the trustees have exercised their discretionary powers of distribution under the trust agreement?

According to the facts set out in the Order, Lawrence P. O’Shaughnessy is a beneficiary of two separate identical trusts…