Legal Opinion

Matter of Will of Gershcow

Supreme Court of Minnesota

Decided December 2, 1977No. 46970PublishedCited by 15 opinions

1Opinion of the Court

SCOTT, Justice.

This is an appeal from an order of the district court denying a petition brought by a remainder beneficiary of a trust to remove the trustee, to compel an annual accounting, and to restore the corpus of the trust in part. We affirm.

In 1961, Lena Bank Gershcow executed a will which established a trust fund for the benefit of certain of her relatives. The pertinent provisions of the will provide:

“SIXTH:
“I devise and bequeath to my beloved sister Bessie Bank Papermaster, Hannah Bank Blumenthal and Chas. M. Bank, the sum of One Hundred Dollars per month, each, and in the event the…

2Cases cited3 opinions

  1. St. Paul Trust Co. v. KittsonSupreme Court of Minnesota · 1895
  2. Haugland v. CantonSupreme Court of Minnesota · 1957
  3. Bailey v. BaileySupreme Court of Minnesota · 1954

3Cited by15 opinions

  1. Benigni v. County of St. LouisSupreme Court of Minnesota · 1998
  2. Benson v. Northwest Airlines, Inc.Court of Appeals of Minnesota · 1997
  3. Matter of Trust Created by HillCourt of Appeals of Minnesota · 1993
  4. Reichert v. Union Fidelity Life Insurance Co.Court of Appeals of Minnesota · 1985
  5. Kusniryk v. Arrowhead Regional Corrections BoardCourt of Appeals of Minnesota · 1987

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