Legal Opinion

In Re the Appointment of a Trustee for the Heirs of Bodeker

Court of Appeals of Minnesota

Decided May 20, 2003No. C5-02-1816Published

1Opinion of the Court

OPINION

PETERSON, Judge.

In this appeal from an order in a wrongful-death action affirming the settlement of respondent co-trustee’s claims against the tortfeasor and his insurer, appellant co-trustee argues that under Minn.Stat. § 573.02, subd. 1 (2002), the district court may not approve a settlement that addresses the claims of a surviving spouse but does not address the claims of all of the next of kin. Appellant also argues that the district court abused its discretion when it denied her motion to remove respondent as a co-trustee. We reverse and remand.

FACTS

Eugene Bodeker (Bodeker) was…

2Cases cited6 opinions

  1. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  2. Brookfield Trade Center, Inc. v. County of RamseySupreme Court of Minnesota · 1998
  3. Matter of SchmidtSupreme Court of Minnesota · 1989
  4. Ortiz Ex Rel. Ortiz v. GavendaSupreme Court of Minnesota · 1999
  5. Sprenger v. JacobsSupreme Court of Minnesota · 1981

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