Cited by
Opinions in Minnesota that cite In Re Trusteeship Created Under Will of Ordean, 261 N.W. 706.
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In the Matter of the Estate of: Mathew Joseph Tomczik, Deceased.
Minn. Ct. App. 2022
Welfare Dep’t, d 888, 891 (Minn. 1970) (citing In re Ordean’ s Will, ).
- In re the Pamela Andreas Stisser Grantor Trust 818 N.W.2d 495 Minn. 2012
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In re the Pamela Andreas Stisser Grantor Trust
818 N.W.2d 495
Minn. 2012
We have previously explained that we must consider the grantor’s “dominant intention,” which we must “gather[ ] from the instrument as a whole, not isolated words.” In re Trusteeship Created Under Last Will of Ordean, 195 Minn. 120, 125 , (citation omitted) (internal quotation marks omitted).
- Govern v. Hall 430 N.W.2d 874 Minn. Ct. App. 1988
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Govern v. Hall
430 N.W.2d 874
Minn. Ct. App. 1988
In re Ordean’s Will, 195 Minn. 120 , In re Butler’s Trust, 223 Minn. 196
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Matter of Estate of Arend
373 N.W.2d 338
Minn. Ct. App. 1985
In re Ordean’s Will, 195 Minn. 120 , 125, , 708 (1935); 4 Page on Wills 30.6 (4th ed. 1961).
- Matter of Wiedemann 358 N.W.2d 139 Minn. Ct. App. 1984
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Matter of Wiedemann
358 N.W.2d 139
Minn. Ct. App. 1984
In re Ordean's Will, 195 Minn. 120
- In Re the Trusts Created in & by the Last Will & Testament of HARTMAN 347 N.W.2d 480 Minn. 1984
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In Re the Trusts Created in & by the Last Will & Testament of HARTMAN
347 N.W.2d 480
Minn. 1984
In re Ordean’s Will, 195 Minn. 120, 125 , 4 Page on Wills § 30.6 (1961).
- In Matter of Campbell's Trusts 258 N.W.2d 856 Minn. 1977
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In Matter of Campbell's Trusts
258 N.W.2d 856
Minn. 1977
In re Trusts Under Will of McCann, 212 Minn. 233 , In re Trusteeship Created Under Will of Ordean, 195 Minn. 120
- In Re Trusts Created by Agreement With Harrington 250 N.W.2d 163 Minn. 1977
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In Re Trusts Created by Agreement With Harrington
250 N.W.2d 163
Minn. 1977
ore which all other rules of construction must bow, is the elusive “intent of the trustor or testator.” Lichter v. Bletcher, 266 Minn. 326 , 123 * In re Trusteeship Under Agreement with Mayo, 259 Minn. 91 , In re Trusteeship Under Will of Schmidt, 256 Minn. 64 , In re Trusteeship Created Under Will of Ordean, 195 Minn. 120 , 20 Dunnell, Dig.
- McNiff v. State, Department of Public Welfare 176 N.W.2d 888 Minn. 1970
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McNiff v. State, Department of Public Welfare
176 N.W.2d 888
Minn. 1970
In re Trusteeship Created Under Will of Ordean, 195 Minn. 120, 125 , ; In re Trust Created by Will of Tuthill, 247 Minn. 122 , 76 N. W. (2d) 499 .
- In Re Estate of Lutzi 266 Minn. 294 Minn. 1963
- North Star Rifle Club, Inc. v. Junior United Sportsman's Rifle Club 123 N.W.2d 618 Minn. 1963
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In Re Estate of Lutzi
266 Minn. 294
Minn. 1963
(2d) 175 ; In re Trusteeship Under Last Will of Ordean, 195 Minn. 120 , ; that where there is any uncertainty as to the identity of one named in a will, extrinsic evidence may be received for the purpose of identification but that where such evidence reveals such identity so that the ambiguity is removed, further evidence on the issue becomes irrelevant, Henrikson v. Swedish Baptist Missi
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North Star Rifle Club, Inc. v. Junior United Sportsman's Rifle Club
123 N.W.2d 618
Minn. 1963
s well settled that in construing testamentary provisions the court cannot supply words to bring about a claimed result, In re Estate of Brewster, 174 Minn. 568 , ; that the testator’s intention must be gathered from the language of the will itself, In re Trust Created by Will of Crosby, 224 Minn. 173 , 28 N. W. (2d) 175 ; In re Trusteeship Under Last Will of Ordean, 195 Minn. 120 , ; that where there is any uncertainty as to the identity of one named in a will, extrinsic evidence may be receive
- In Re Trust Created by Will of Tuthill 247 Minn. 122 Minn. 1956
- Bickford v. Wicklow 76 N.W.2d 499 Minn. 1956
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In Re Trust Created by Will of Tuthill
247 Minn. 122
Minn. 1956
In the interpretation of a testamentary trust the controlling rules are stated in In re Trusteeship Created Under Will of Ordean, 195 Minn. 120, 125 , , as follows: "It is of course elementary that language free from doubt leaves no room for construction or interpretation.
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Bickford v. Wicklow
76 N.W.2d 499
Minn. 1956
In the interpretation of a testamentary trust the controlling rules are stated in In re Trusteeship Created Under Will of Ordean, 195 Minn. 120, 125 , , as follows: “It is of course elementary that language free from doubt leaves no room for construction or interpretation.
- Peters v. Ueland 65 N.W.2d 906 Minn. 1954
- In Re Trusteeship Created by Fiske 242 Minn. 452 Minn. 1954
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In Re Trusteeship Created by Fiske
242 Minn. 452
Minn. 1954
(2d) 226 ; In re Trusteeship Created Under Will of Ordean, 195 Minn. 120 , ; 54 Am.
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Peters v. Ueland
65 N.W.2d 906
Minn. 1954
In re Trusts Under Will of McCann, 212 Minn. 233 , 3 N. W. (2d) 226 ; In re Trusteeship Created Under Will of Ordean, 195 Minn. 120 , ; 54 Am.
- First Trust Co. v. Cochrane 61 N.W.2d 840 Minn. 1953
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First Trust Co. v. Cochrane
61 N.W.2d 840
Minn. 1953
See, In re Trust Under Will of Comstock, 219 Minn. 325 , 17 N. W. (2d) 656 ; In re Trust Created by Watland, 211 Minn. 84 , ; In re Trusteeship Created Under Will of Ordean, 195 Minn. 120 , .
- Van Dyke v. First National Bank 46 N.W.2d 667 Minn. 1951
- In Re Trust Created by Moulton 233 Minn. 286 Minn. 1951
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In Re Trust Created by Moulton
233 Minn. 286
Minn. 1951
834, 839 ; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , ."
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Van Dyke v. First National Bank
46 N.W.2d 667
Minn. 1951
ght being given to all its language, with some meaning being given, if possible, to all parts, expressions and words used, discarding and disregarding no parts as meaningless, if any meaning can be given them consistently with the rest of the instrument.’ Dumaine v. Dumaine, 301 Mass. 214, 218 , 16 N. E. (2d) 625, 628, 118 A. L. R. 834, 839; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , .” In In re Trusts Under Will of McCann, 212 Minn. 233, 210 , 3 N. W. (2d) 226, 230 , we quoted the
- In Re Trust Created by Anneke 38 N.W.2d 177 Minn. 1949
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In Re Trust Created by Anneke
38 N.W.2d 177
Minn. 1949
being given to all its language, with some meaning being given, if possible, to all parts, expressions and words used, discarding and disregarding no parts as meaningless, if any meaning can be given them consistently with the rest of the instrument.’ Dumaine v. Dumaine, 301 Mass. 214, 218 , 16 N. E. (2d) 625, 628, 118 *72 A. L. R. 834, 839; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , .” Applying this rule to the facts and circumstances presented here will not permit us to read into
- Crosby v. Atmore 28 N.W.2d 175 Minn. 1947
- In Re Trust Created by Will of Crosby 28 N.W.2d 175 Minn. 1947
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In Re Trust Created by Will of Crosby
28 N.W.2d 175
Minn. 1947
In re Trusteeship Under Will of Ordean, 195 Minn. 120 , 125 , , 708 , 709 .
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Crosby v. Atmore
28 N.W.2d 175
Minn. 1947
“And we are required to place a reasonable and sensible construction upon the language used.” In re Trusteeship Under Will of Ordean, 195 Minn. 120, 125 , 709 .
- Boyle v. Kirby 26 N.W.2d 223 Minn. 1947
- In Re Trust Under Will of Davidson 26 N.W.2d 223 Minn. 1947
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Boyle v. Kirby
26 N.W.2d 223
Minn. 1947
In re Trusteeship Created Under Last Will of Ordean, 195 Minn. 120 , .
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In Re Trust Under Will of Davidson
26 N.W.2d 223
Minn. 1947
In re Trusteeship Created Under Last Will of Ordean, 195 Minn. 120 , .
- In Re Trusts Created by Butler Under Written Indenture of Trust Dated June 18, 1920 26 N.W.2d 204 Minn. 1947
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In Re Trusts Created by Butler Under Written Indenture of Trust Dated June 18, 1920
26 N.W.2d 204
Minn. 1947
This court in In re Trusteeship Under Last Will of Ordean, 195 Minn. 120, 125 , , laid down the general rule that: “It is of course elementary that language free from doubt leaves no room for construction or interpretation.
- First & American National Bank v. Andrews 17 N.W.2d 656 Minn. 1945
- In Re Trust Under Will of Comstock 17 N.W.2d 656 Minn. 1945
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In Re Trust Under Will of Comstock
17 N.W.2d 656
Minn. 1945
834 , 839 ; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , ."
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First & American National Bank v. Andrews
17 N.W.2d 656
Minn. 1945
ght being given to all its language, with some meaning being given, if possible, to all parts, expressions and words used, discarding and disregarding no parts as meaningless, if any meaning can be given them consistently with the rest of the instrument.’ Dumaine v. Dumaine, 301 Mass. 214, 218 , 16 N. E. (2d) 625, 628, 118 A. L. R. 834, 839; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , .” As above quoted, in paragraph 3 of article 6 of his will, testator in express language authorized