Legal Opinion

Matter of Trust Created Under Agreement With McLaughlin

Supreme Court of Minnesota

Decided January 25, 1985No. C8-83-1010, Cx-83-1185PublishedCited by 23 opinions

1Opinion of the Court

OPINION

AMDAHL, Chief Justice.

These consolidated appeals involve the effect of two provisions in a trust instrument created by Daniel T. McLaughlin. The trial court determined that Kelly Marie Dibble was included in the class of “then living issue” in a residue distribution clause under the terms of the trust created by her natural paternal grandfather. The trial court also found that a spendthrift clause in the trust protected a beneficiary’s interest in the residue from garnishment after termination of the trust but before distribution of the trust assets. We affirm.

1. In December 1961,…

2Cases cited10 opinions

  1. Erickson v. EricksonSupreme Court of Minnesota · 1936
  2. In Matter of Campbell's TrustsSupreme Court of Minnesota · 1977
  3. First National Bank of Omaha v. First Cadco Corp.Nebraska Supreme Court · 1973
  4. In Re the Trusts Created in & by the Last Will & Testament of HARTMANSupreme Court of Minnesota · 1984
  5. Peters v. UelandSupreme Court of Minnesota · 1954

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

3Cited by23 opinions

  1. Domo v. McCarthyOhio Supreme Court · 1993
  2. In re the Pamela Andreas Stisser Grantor TrustSupreme Court of Minnesota · 2012
  3. Wayne Drewes, Trustee-Appellant v. Barry Schonteich, Debtor, Linda Schonteich, Debtor-AppelleeCourt of Appeals for the Eighth Circuit · 1994
  4. Bolander v. BolanderCourt of Appeals of Minnesota · 2005
  5. Duemeland v. NorbackNorth Dakota Supreme Court · 2003

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

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