Cited by
Opinions in Minnesota that cite In Re Trust Under Will of Comstock, 17 N.W.2d 656.
- In the Matter of the Leonard E. Erlandson and Marion L. Erlandson Irrevocable Trust Minn. Ct. App. 2024
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In the Matter of the Leonard E. Erlandson and Marion L. Erlandson Irrevocable Trust
Minn. Ct. App. 2024
b(2); see also In re Comstock’s Will, d 656, 664 (Minn. 1945).
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In re the Joan C. Ranallo Trust.
Minn. Ct. App. 2023
First, the district court did not find that the trustee’s breach of trust involved “fraud, bad faith, or inexcusable negligence.” In re Comstock’s Will, (explaining that a district court has discretion to award reasonable compensation and attorneys’ fees to a trustee in the absence of these conditions).
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In the Matter of the Otto Bremer Trust.
Minn. Ct. App. 2023
§ 78(2) (2007) (articulating general rule that “[e]xcept in discrete circumstances, the trustee is strictly prohibited from engaging in transactions that involve self -dealing or that otherwise involve or create a conflict at 340 (affirming decision not to remove a trustee who failed to file annual accounts and placed a portion of trust assets in a savings account); d 656, 665 (Minn. 1945) (affirming decision not to remove trustee who failed to sell a stock to avoid a loss in value).
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In re: Sidney A. Goodman Revocable Trust, U/A/D December 16, 1985 as Amended
Minn. Ct. App. 2018
depends upon the circumstances of the particular case, and is ordinarily a question of fact.” In re Comstock’s Will, 219 Minn. 325, 336, .
- In Re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005. Minn. Ct. App. 2014
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In Re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005.
Minn. Ct. App. 2014
In a fixed deferred annuity, the 1 Before the enactment of this statute, a trustee was required by the common law, and later by statute, to “employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.” In re Comstock’s Will, 219 Minn. 325, 332, see also Minn. Stat. § 501B.10, subd.
- In Re the Trusteeship of the Trust of Williams 631 N.W.2d 398 Minn. Ct. App. 2001
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In Re the Trusteeship of the Trust of Williams
631 N.W.2d 398
Minn. Ct. App. 2001
The district court concluded that Minnesota courts have the discretion to allow or deny compensation to the trustee but that “in the event of fraud, bad faith, or inexcusable negligence, the court must deny an award of trustee fees,” citing In re Trust of Cornstock, 219 Minn. 325 , and its progeny.
- In Re the Trusteeship Created by the Sheridan 593 N.W.2d 702 Minn. Ct. App. 1999
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In Re the Trusteeship Created by the Sheridan
593 N.W.2d 702
Minn. Ct. App. 1999
Trust Agreement of Julius F. Seeman, 841 P.2d 403, 405 (Colo.Ct.App.1992); accord In re Comstock’s Will, 219 Minn. 325, 340
- In Re the Trusteeship of Williams 591 N.W.2d 743 Minn. Ct. App. 1999
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In Re the Trusteeship of Williams
591 N.W.2d 743
Minn. Ct. App. 1999
In In re Will of Comstock, 219 Minn. 325 , and Fortune, 200 Minn. at 367 , 274 N.W.
- In re the Trust of Brown 380 N.W.2d 911 Minn. Ct. App. 1986
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In re the Trust of Brown
380 N.W.2d 911
Minn. Ct. App. 1986
In In re Comstock’s Will, 219 Minn. 325 , the court stated: [W]e are to be guided by the well-known principle that the entire instrument must be considered, “aided by the surrounding circumstances, due weight being given to all its language, with some meaning being given, if possible, to all parts, expressions and words used, discarding and disregardin
- In Re the Trusts Created Under the Will of Dwan 371 N.W.2d 641 Minn. Ct. App. 1985
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In Re the Trusts Created Under the Will of Dwan
371 N.W.2d 641
Minn. Ct. App. 1985
In re Comstock’s Will, 219 Minn. 325, 339
- State Bank & Trust Co. v. Melzark 305 N.W.2d 755 Minn. 1981
- Matter of Irrevocable Inter Vivos Trust, Etc. 305 N.W.2d 755 Minn. 1981
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State Bank & Trust Co. v. Melzark
305 N.W.2d 755
Minn. 1981
See also, e. g., In re Trust Under Will of Comstock, 219 Minn. 325 , 337, , 663 (1945); In re Trusts Under Will of McCann, 212 Minn. 233 , 241, , 231 (1942).
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Matter of Irrevocable Inter Vivos Trust, Etc.
305 N.W.2d 755
Minn. 1981
See also, e. g., In re Trust Under Will of Comstock, 219 Minn. 325 , 337, , 663 (1945); In re Trusts Under Will of McCann, 212 Minn. 233 , 241, , 231 (1942).
- Fred O. Watson Co. v. United States Life Insurance Co. of New York 258 N.W.2d 776 Minn. 1977
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Fred O. Watson Co. v. United States Life Insurance Co. of New York
258 N.W.2d 776
Minn. 1977
E. g., In re Trust Under Will of Comstock, 219 Minn. 325, 339
- Kronzer v. First Nat. Bank of Minneapolis 235 N.W.2d 187 Minn. 1975
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Kronzer v. First Nat. Bank of Minneapolis
235 N.W.2d 187
Minn. 1975
See, e. g., In re Trust Created Under Will of Freeman, 247 Minn. 50 , 75 N. W. *431 2d 906 (1956); In re Trust Under Will of Comstock, 219 Minn. 325 , In re Living Trust Created by Atwood, 227 Minn. 495
- St. Paul Electrical Workers Welfare Fund v. Cartier 167 N.W.2d 131 Minn. 1969
- First Trust Co. v. Cochrane 61 N.W.2d 840 Minn. 1953