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Cited by

Opinions in Minnesota that cite First & American National Bank v. City of Duluth, 261 N.W. 706.

30 citing documents.

  • 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 , 261 N.W.
  • Govern v. Hall 430 N.W.2d 874 Minn. Ct. App. 1988
    In re Ordean’s Will, 195 Minn. 120 , 261 N.W.
  • Matter of Estate of Arend 373 N.W.2d 338 Minn. Ct. App. 1985
    In re Ordean’s Will, 195 Minn. 120 , 125, 261 N.W.
  • Matter of Wiedemann 358 N.W.2d 139 Minn. Ct. App. 1984
    In re Ordean's Will, 195 Minn. 120 , 261 N.W.
  • 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 , 261 N.W.
  • 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 , 261 N.W.
  • In Re Trusts Created by Agreement With Harrington 250 N.W.2d 163 Minn. 1977
    onstruction, before 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
    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
    (2d) 175 ; In re Trusteeship Under Last Will of Ordean, 195 Minn. 120 , 261 N.W.
  • North Star Rifle Club, Inc. v. Junior United Sportsman's Rifle Club 123 N.W.2d 618 Minn. 1963
    It is 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 rec
  • 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 , 261 N.W.
  • 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.
  • In Re Trusteeship Created by Fiske 242 Minn. 452 Minn. 1954
    (2d) 226 ; In re Trusteeship Created Under Will of Ordean, 195 Minn. 120 , 261 N.W.
  • 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
    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 , .
  • In Re Trust Created by Moulton 233 Minn. 286 Minn. 1951
    834, 839 ; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , 261 N.W.
  • Van Dyke v. First National Bank 46 N.W.2d 667 Minn. 1951
    stances, due weight 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
  • In Re Trust Created by Anneke 38 N.W.2d 177 Minn. 1949
    ces, due weight 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
  • 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 , 261 N.W.
  • 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 Trusteeship Created Under Last Will of Ordean, 195 Minn. 120 , .
  • 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 , 261 N.W.
  • 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.
  • 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 , 261 N.W.
  • First & American National Bank v. Andrews 17 N.W.2d 656 Minn. 1945
    stances, due weight 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 lan
  • Boutelle v. Renshaw 15 N.W.2d 506 Minn. 1944
    his last sentence of self-justification evidently is correlated to and imports an unqualified disposition of property, not a disposition having reference to a special state of facts by which alone it is justified and to which it is confined.” To the same effect is our own case of Davis v. Hancock, 95 Minn. 340 , ; and in one of our late cases, In re Trusteeship Under Will of Ordean, 195 Minn. 120, 125 , , we said: “ ‘* * * One of the highest duties resting upon a court is to carry out the intent
  • In Re Estate of Boutelle 15 N.W.2d 506 Minn. 1944
    299 ; and in one of our late cases, In re Trusteeship Under Will of Ordean, 195 Minn. 120 , 125 , 261 N.W.
  • Brin v. Sherill 300 N.W. 195 Minn. 1941
    stances, due weight 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 Re Trust Created by Watland 300 N.W. 195 Minn. 1941
    834 , 839 ; In re Trusteeship Under Will of Ordean, 195 Minn. 120 , 261 N.W.
  • In Re Trusteeship Created Under Will of Ordean 261 N.W. 706 Minn. 1935