Legal Opinion

In Re Trusts a & B Created Under the Last Will & Testament of Divine

Court of Appeals of Minnesota

Decided January 6, 2001No. A03-405PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WILLIS, Judge.

In this dispute, arising from the trustees’ motion for an order approving an accounting for two trusts, appellant challenges the district court’s grant of summary judgment to the trustees. Appellant argues that there are genuine issues of material fact that preclude summary judgment and that the district court erred (1) in its interpretation of the term “sole discretion” as it is used in the trusts; (2) by concluding that the exculpatory clause in one of the trusts is valid and enforceable; and (3) by relying on extrinsic evidence of the settlor’s intent, including…

2Cases cited17 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  3. Fabio v. BellomoSupreme Court of Minnesota · 1993
  4. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  5. Turner v. Alpha Phi Sorority HouseSupreme Court of Minnesota · 1979

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3Cited by7 opinions

  1. Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A.Court of Appeals of Minnesota · 2008
  2. Walker v. Wanner Engineering, Inc.District Court, D. Minnesota · 2012
  3. Stringer v. Minnesota Vikings Football Club, LLCCourt of Appeals of Minnesota · 2004
  4. In Re Ruth Easton FundCourt of Appeals of Minnesota · 2004
  5. Bistrow v. SovaCourt of Appeals of Arizona · 2011

2 more not listed; retrieve them via the Exa API.

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