Legal Opinion

Matter of Estate of Kroyer

Court of Appeals of Minnesota

Decided April 8, 1986No. C3-85-1971PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WOZNIAK, Judge.

Diane L. Lake appeals from an order of the County Court, Scott County, approving a special guardian’s account. We reverse the order of the trial court and remand to the trial court for imposition of a constructive trust in favor of the original Totten trust beneficiaries.

FACTS

The decedent, Adele C. Kroyer, executed a will in 1980 which directed that her estate be divided into three equal shares: one share for her son, Wilfred Kroyer; one for her daughter, respondent Donna Arnold; and the third share to be divided equally among the surviving children of her deceased…

2Cases cited14 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. In re ShetskySupreme Court of Minnesota · 1953
  3. Swogger v. TaylorSupreme Court of Minnesota · 1955
  4. Wright v. WrightSupreme Court of Minnesota · 1981
  5. Weatherly v. ByrdTexas Supreme Court · 1978

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3Cited by1 opinion

  1. Shields v. Duggan (In Re Dartco, Inc.)United States Bankruptcy Court, D. Minnesota · 1996

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