Cited by

Opinions in Minnesota that cite In Re Living Trust Created by Atwood, 35 N.W.2d 736.

56 citing documents.

In RE: The Matter of the Irrevocable Trust of Myron E. Childs, dated November 2, 2000 Minn. Ct. App. 2026
In the Matter of the Trust Agreement of Eugene L. Johnson u/t/a dated December 22, 2008. Minn. Ct. App. 2015
In the Matter of the Trust Agreement of Eugene L. Johnson u/t/a dated December 22, 2008. Minn. Ct. App. 2015
227 Minn. 495, 500-01, -40 (1949).
In Re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005. Minn. Ct. App. 2014
A. Attorney Fees An award of attorney fees in a trust dispute is not a matter of right and depends in part on the “reasonableness of the party’s arguments.” Van Dusen, d at 526- 27 (citing In re Atwood’s Trust, 227 Minn. 495, 501, ).
Michael J. Larkin, Linda K. Larkin v. Wells Fargo Bank, N.A., Susan Schulze Hoff, Christina Larkin Minn. Ct. App. 2014
Michael J. Larkin, Linda K. Larkin v. Wells Fargo Bank, N.A., Susan Schulze Hoff, Christina Larkin Minn. Ct. App. 2014
In re Atwood’s Trust, 227 Minn. 495, 501
In re G.B. Van Dusen Marital Trust 834 N.W.2d 514 Minn. Ct. App. 2013
In re G.B. Van Dusen Marital Trust 834 N.W.2d 514 Minn. Ct. App. 2013
In re Atwood’s Trust, 227 Minn. 495, 501 , (applying Atwood to request for award of attorney fees).
In Re the Trusteeship of the Trust of Williams 631 N.W.2d 398 Minn. Ct. App. 2001
In Re the Trusteeship of the Trust of Williams 631 N.W.2d 398 Minn. Ct. App. 2001
See, e.g., In re Atwood’s Trust, 227 Minn. 495, 502 , (allowing reasonable attorney fees, paid out of trust corpus, to parties for proceeding brought to construct ambiguous trust provisions); Williams, d at 748 (noting that trustee entitled to reasonable attorney fees, chargeable to trust, for defending its administration of trus
Matter of Trusts Created by Hormel 504 N.W.2d 505 Minn. Ct. App. 1993
Matter of Trusts Created by Hormel 504 N.W.2d 505 Minn. Ct. App. 1993
(quoting Atwood v. Holmes (In re Trust of Atwood), 227 Minn. 495, 501 , ).
Matter of Boss 487 N.W.2d 256 Minn. Ct. App. 1992
Matter of Boss 487 N.W.2d 256 Minn. Ct. App. 1992
(quoting In re Atwood Trust, 227 Minn. 495, 501 , ).
In Re the Trust Created Under the Last Will & Testament of Cargill 420 N.W.2d 268 Minn. Ct. App. 1988
In Re the Trust Created Under the Last Will & Testament of Cargill 420 N.W.2d 268 Minn. Ct. App. 1988
II Attorney fees Respondent argues that under In re Atwood’s Trust, 227 Minn. 495, 501 , he is entitled to costs and attorney fees because the litigation “is essential to a proper administration of the trust, and * * * is conducted in good faith for the primary benefit of the Trust as a whole.” Id.
In Re the Trust Known as Great Northern Iron Ore Properties 311 N.W.2d 488 Minn. 1981
In Re the Trust Known as Great Northern Iron Ore Properties 311 N.W.2d 488 Minn. 1981
The circumstances in which a party may be allowed attorney fees and expenses from a trust are best described by reference to In re Living Trust Created by Atwood, 227 Minn. 495, 501 , : In the sound and cautiously exercised discretion of the court, and not as a matter of right, attorneys’ fees and other expenses reasonably and necessarily incurred by all necessary parties to litigation may be allowed and properly charged to the trust estate where such litigation, wit
In Matter of Campbell's Trusts 258 N.W.2d 856 Minn. 1977
In Matter of Campbell's Trusts 258 N.W.2d 856 Minn. 1977
Both petitioners and respondents cite In re Living Trust Created by Atwood, 227 Minn. 495 , as controlling on this issue.
Kronzer v. First Nat. Bank of Minneapolis 235 N.W.2d 187 Minn. 1975
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
Amalgamated Meat Cutters & Butcher Workmen of North America v. Club 167, Inc. 232 N.W.2d 103 Minn. 1975
Amalgamated Meat Cutters & Butcher Workmen of North America v. Club 167, Inc. 232 N.W.2d 103 Minn. 1975
Workers Welfare Fund v. Cartier, 288 Minn. 483 , In re Living Trust Created by Atwood, 227 Minn. 495
Spannaus v. Arrowood 230 N.W.2d 33 Minn. 1975
In Re Estate of Bush 230 N.W.2d 33 Minn. 1975
In Re Estate of Bush 230 N.W.2d 33 Minn. 1975
(16) Relative to attorneys fees, the trial court considered the guidelines set forth in the case of In re Living Trust Created by Atwood, 227 Minn. 495, 502 , : "* * * In determining the reasonableness of attorneys' fees, the character, ability, and experience of the attorneys, the amount involved, the time necessary to prepare for trial, the responsibility assumed in connection therewith by counsel, the difficulties of the propositions *42 i
Spannaus v. Arrowood 230 N.W.2d 33 Minn. 1975
(16) Relative to attorneys fees, the trial court considered the guidelines set forth in the case of In re Living Trust Created by Atwood, 227 Minn. 495, 502 , : “* * * In determining the reasonableness of attorneys’ fees, the character, ability, and experience of the attorneys, the amount involved, the time necessary to prepare for trial, the responsibility assumed in connection therewith by counsel, the difficulties of the propositions inv
Kittler & Hedelson v. Sheehan Properties, Inc. 203 N.W.2d 835 Minn. 1973
Kittler & Hedelson v. Sheehan Properties, Inc. 203 N.W.2d 835 Minn. 1973
O’Donnell v. McGee Trucks, Inc. 294 Minn. 110 , State, by Head, v. Paulson, 290 Minn. 371 , In re Living Trust Created by Atwood, 227 Minn. 495
Obraske v. Woody 199 N.W.2d 429 Minn. 1972
Obraske v. Woody 199 N.W.2d 429 Minn. 1972
In re Living Trust created by Atwood, 227 Minn. 495 , Hempel v. Hempel, 225 Minn. 287
Bush v. Arrowood 198 N.W.2d 263 Minn. 1972
Bush v. Arrowood 198 N.W.2d 263 Minn. 1972
In one of these cases, In re Living Trust Created by Atwood, 227 Minn. 495, 500 , this court said: “* * * Obviously, a benefit to the entire trust, aside from benefits conferred by acts which protect or increase the trust corpus, may, in exceptional cases, also be conferred by litigation which is unquestionably essential to a judicial determination of the meaning
St. Paul Electrical Workers Welfare Fund v. Cartier 182 N.W.2d 187 Minn. 1970
St. Paul Electrical Workers Welfare Fund v. Cartier 182 N.W.2d 187 Minn. 1970
In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N. W. (2d) 736 , is similar to the case decided today.
St. Paul Electrical Workers Welfare Fund v. Cartier 167 N.W.2d 131 Minn. 1969
St. Paul Electrical Workers Welfare Fund v. Cartier 167 N.W.2d 131 Minn. 1969
7 This claim is premised upon the doctrine of In re Living Trust Created by Atwood, 227 Minn. 495, 500 , 35 N. W. (2d) 736, 740 , 9 A. L. R. (2d) 1126, 1131, in which this general rule is stated: “* * * [Cjosts and attorneys’ fees may be allowed out of the trust estate to any necessary party who is acting primarily for the benefit of the estate in securing a clarification of ambiguous trust-instrument language whe
In Re Trust of Warner 145 N.W.2d 542 Minn. 1966
First National Bank v. Warner 145 N.W.2d 542 Minn. 1966
In Re Trust of Warner 145 N.W.2d 542 Minn. 1966
In re Trust Created by Will of Enger, 225 Minn. 229 , , 1 A.L.R.2d 1048 ; Hartzell v. Schuster, 257 Minn. 592 , ; 3 Scott, Trusts (2 ed.) § 259; 54 Am.Jur., Trusts, § 282; In re Trust Under Will of Schultz, 215 Minn. 313 , ; In re Living Trust Created by Atwood, 227 Minn. 495 , , 9 A.L.R.2d 1126 .
First National Bank v. Warner 145 N.W.2d 542 Minn. 1966
Jur., Trusts, § 282; In re Trust Under Will of Schultz, 215 Minn. 313 , 9 N. W. (2d) 773 ; In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N. W. (2d) 736 , 9 A. L. R. (2d) 1126.
Dolf v. Schlactenhaufen 131 N.W.2d 620 Minn. 1964
Dolf v. Schlactenhaufen 131 N.W.2d 620 Minn. 1964
Meagher *490 v. Kavli, 251 Minn. 477 , 88 N. W. (2d) 871 ; In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N. W. (2d) 736 , 9 A. L. R. (2d) 1126; Coughlin v. City of St.
Distributors Supply Co. Inc. v. Estate of Shablow 92 N.W.2d 83 Minn. 1958
Distributors Supply Co. Inc. v. Estate of Shablow 92 N.W.2d 83 Minn. 1958
In their brief, counsel for appellants state: “* * * The gist of this appeal to the Supreme Court is in connection with the inadequate allowance of attorneys’ fees to the extent of $1,000.00.” Appellants seek to invoke the rule applicable to trust estates and, for the most part, rely upon In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N. W. (2d) 736 , 9 A. L. R. (2d) 1126, and other cases involving the allowance of attorneys’ fees out of trust estates.
Holt v. Swenson 90 N.W.2d 724 Minn. 1958
Holt v. Swenson 90 N.W.2d 724 Minn. 1958
14 In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N. W. (2d) 736 , 9 A. L. R. (2d) 1126.
Meagher v. Kavli 88 N.W.2d 871 Minn. 1958
Meagher v. Kavli 88 N.W.2d 871 Minn. 1958
This court has stated the rule to be applied in In re Living Trust Created by Atwood, 227 Minn. 495 , 35 N.W.