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IN RE TRUST CREATED BY MOULTON

No. 35,269.

233 Minn. 286 (1951)

IN RE TRUST ESTATE CREATED BY E.H. MOULTON. KATHERINE S. VAN DYKE AND OTHERS v. FIRST NATIONAL BANK OF MINNEAPOLIS.

Supreme Court of Minnesota.

March 2, 1951.

Attorney(s) appearing for the Case

Snyder, Gale, Hoke, Richards & Janes, George P. Hoke, and Melvin D. Heckt, for appellants.

James E. Dorsey, Harry A. Blackmun, David R. Brink, and Dorsey, Colman, Barker, Scott & Barber, for respondent.

KNUTSON, JUSTICE.

The facts in this case are not in dispute. On June 1, 1922, E.H. Moulton created an inter vivos trust under which he directed payment of income to be made to his daughter, Katherine S. van Dyke, and his two grandchildren, Henry S. van Dyke and Katherine van Dyke, as long as they shall live, with the remainder to designated beneficiaries, in these words:

"The Trustee shall pay the net income...

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