Cited by
Opinions in Minnesota that cite In Re Trust Under Will of Cosgrave, 31 N.W.2d 20.
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In the Matter of the Estate of: Mathew Joseph Tomczik, Deceased.
Minn. Ct. App. 2022
“[I]ntention which the testator may have had, but did not express in his will, cannot be considered.” In re Cosgrave’s Will
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In re the Estate of: Shirley Joy Pratt, Deceased.
Minn. Ct. App. 2021
Second, Deanne cites In re Cosgrave’s Will for the proposition that a court “cannot change the rights of the beneficiaries inter se by enlarging the rights of some at the expense of others.”
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In re the Estate of: Edward D. Kane a/k/a Edward Donald Kane, Decedent.
Minn. Ct. App. 2016
Conversely, intention which the testator may have had, but did not express in his will, cannot be considered.” 225 Minn. 443, 448–49, (citations omitted).
- In Re Ruth Easton Fund 680 N.W.2d 541 Minn. Ct. App. 2004
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In Re Ruth Easton Fund
680 N.W.2d 541
Minn. Ct. App. 2004
Just as the court lacks power to remake a will, it also lacks the power to remake a trust.” Northwestern Nat’l Bank of Minneapolis v. Balch (In re Cosgrave’s Will), 225 Minn. 443, 466
- In Re the Estate of Lund 633 N.W.2d 571 Minn. Ct. App. 2001
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In Re the Estate of Lund
633 N.W.2d 571
Minn. Ct. App. 2001
Cf. In re Cosgrave’s Will, 225 Minn. 443, 458 , (finding no demonstrative legacy because there was no specified sum of money, the gift was “not to be paid at all events,” and only to be paid out one source).
- In Re Estate of Kerr 520 N.W.2d 512 Minn. Ct. App. 1994
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In Re Estate of Kerr
520 N.W.2d 512
Minn. Ct. App. 1994
at 484 ; see In re Will of Cosgrave, 225 Minn. 443, 449 , (intention which testator did not express in his will cannot be considered).
- In Re the Trust Established Under Trust Agreement of Boright 359 N.W.2d 647 Minn. Ct. App. 1985
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In Re the Trust Established Under Trust Agreement of Boright
359 N.W.2d 647
Minn. Ct. App. 1985
In re Cosgrave’s Will, 225 Minn. 443, 449
- 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 Cosgrave's Will, 225 Minn. 443, 449
- 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
* * * Conversely, intention which the testator may have had, but did not express in his will, cannot be considered.” In re Cosgrave’s Will, 225 Minn. 443, 448-49
- Matter of Will of Kelly 266 N.W.2d 700 Minn. 1978
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Matter of Will of Kelly
266 N.W.2d 700
Minn. 1978
See, In re Trust under Will of Cosgrave, 225 Minn. 443
- 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 Trust Under Will of Cosgrave, 225 Minn. 443
- In Re Trust Under Agreement With Nash 122 N.W.2d 104 Minn. 1963
- In Re Trusteeship Under Will of Whelan 263 Minn. 476 Minn. 1962
- First National Bank v. Stewart 116 N.W.2d 811 Minn. 1962
- In Re Petition of Parks 114 N.W.2d 667 Minn. 1962
- In Re Trust Created by Will of Tuthill 247 Minn. 122 Minn. 1956
- Bickford v. Wicklow 76 N.W.2d 499 Minn. 1956