Cited by
Opinions in Minnesota that cite In Re Declaration of Trust by Bush, 249 Minn. 36.
- Marcia Swanson, Respondent, Minn. Ct. App. 2023
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In the Matter of the Petitions of The Auto Club Group, a Michigan non-profit corporation, et al., Respondents,
Minn. Ct. App. 2019
(quotations omitted); see also In re Bush’s Trust
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Presbytery of the Twin Cities Area, Appellant,
Minn. Ct. App. 2017
In re Bush’s Trust, 249 Minn. 31, 42-43, d 615, 619-20 (1957).
- Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A. 756 N.W.2d 907 Minn. Ct. App. 2008
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Thomas B. Olson & Associates, P.A. v. Leffert, Jay & Polglaze, P.A.
756 N.W.2d 907
Minn. Ct. App. 2008
No specific form or language is required to create a trust, but there must be “a definite, unequivocal, explicit declaration of trust,” or circumstances that “show with reasonable certainty or beyond a reasonable doubt that a trust was intended to be created.” Bond, d at 837 (quotation omitted); see also In re Bush’s Trust, 249 Minn. 36, 42
- Bond v. Commissioner of Revenue 691 N.W.2d 831 Minn. 2005
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Bond v. Commissioner of Revenue
691 N.W.2d 831
Minn. 2005
In re Bush’s Trust, 249 Minn. 36, 42-43 , -20 (1957).
- 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
See Bush v. Crowther (In re Bush’s Trust), 249 Minn.36, 43, (affirming creation of trust when document designated trustee’s enforceable duties, designated beneficiary’s enforceable rights, and identified definite trust res).
- DLH, Inc. v. Russ 566 N.W.2d 60 Minn. 1997
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DLH, Inc. v. Russ
566 N.W.2d 60
Minn. 1997
But it is equally true that “[i]t is the law of this state that a transfer of stock is good between the parties and that the title passes to the purchaser without the transfer being entered on the corporate books.” In re Declaration of Trust by Bush, 249 Minn. 36, 47 , (footnote omitted).
- State v. Greiner 518 N.W.2d 636 Minn. Ct. App. 1994
- Brooks v. RAMSEY CTY. COMM. HUMAN SERV. 405 N.W.2d 432 Minn. Ct. App. 1987
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Brooks v. RAMSEY CTY. COMM. HUMAN SERV.
405 N.W.2d 432
Minn. Ct. App. 1987
In In re Bush's Trust, 249 Minn. 36 , the Minnesota Supreme Court outlined requirements necessary to create a trust: [N]o trust is created unless the settlor manifests, by external expression, an intent to create that relationship which embraces the essential elements of a trust * * * * * * (1) a designated trustee subject to enfor
- Matter of Florance 343 N.W.2d 297 Minn. Ct. App. 1984
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Matter of Florance
343 N.W.2d 297
Minn. Ct. App. 1984
In re Bush's Trust, 249 Minn. 36, 42
- In Re Trust B Created Under the Last Will & Testament of Cary 313 N.W.2d 625 Minn. 1981
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In Re Trust B Created Under the Last Will & Testament of Cary
313 N.W.2d 625
Minn. 1981
We held in In re Declaration of Trust by Bush, 249 Minn. 36 , that “a trustee has it in his power at any and all times to come of his own motion and secure from a court of equity a settlement of his account * * Id.
- Matter of Great Northern Iron Ore Properties 263 N.W.2d 610 Minn. 1978
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Matter of Great Northern Iron Ore Properties
263 N.W.2d 610
Minn. 1978
(3 ed.) § 9888a, pp. 139, 148; In re Declaration of Trust by Bush, 249 Minn. 36
- Schug v. Michael 245 N.W.2d 587 Minn. 1976
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Schug v. Michael
245 N.W.2d 587
Minn. 1976
See § 170 (2).” In In re Declaration of Trust by Bush, 249 Minn. 36, 43 , this court listed three elements of an express trust: “* * * In order to constitute an express trust there must be: (1) a designated trustee subject to enforceable duties, (2) a designated beneficiary vested with enforceable rights; and (3) a definite trust res wherein the trustee’s
- In Re LaBelle's Trust 223 N.W.2d 400 Minn. 1974
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In Re LaBelle's Trust
223 N.W.2d 400
Minn. 1974
In re Bush’s Trust, 249 Minn. 36 , is cited by petitioner with construction of the statute as not barring or limiting the trustee’s right to secure a settlement of his trust duties or to petition the court for qualification.
- Kirsch v. Kahn 149 N.W.2d 676 Minn. 1967
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Kirsch v. Kahn
149 N.W.2d 676
Minn. 1967
We observed in In re Declaration of Trust by Bush, 249 Minn. 36 , 81 N. W. (2d) 615 , 82 N. W. (2d) 221 , that the provisions of § 501.33 are “wholly procedural” but that, once a trustee has been confirmed under the provisions of that statute, the district court shall have jurisdiction thereafter as a proceeding in rem.
- In Re Trust of Tufford 145 N.W.2d 59 Minn. 1966
- Tufford v. Northwestern National Bank 145 N.W.2d 59 Minn. 1966
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Tufford v. Northwestern National Bank
145 N.W.2d 59
Minn. 1966
See, Restatement, Trusts (2d) § 337, comment e; In re Declaration of Trust by Bush, 249 Minn. 36 , 81 N. W. (2d) 615 , 82 N. W. (2d) 221 .
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In Re Trust of Tufford
145 N.W.2d 59
Minn. 1966
[7] See, Restatement, Trusts (2d) § 337, comment e ; In re Declaration of Trust by Bush, 249 Minn. 36 , , .
- Etzler v. Mondale 123 N.W.2d 603 Minn. 1963
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Etzler v. Mondale
123 N.W.2d 603
Minn. 1963
Thus, in In re Declaration of Trust by Bush, 249 Minn. 36, 43 , 81 N. W. (2d) 615, 620 , we stated: “* * * Pursuant to M. S. A. 501.17, the trustee is possessed of the whole legal title and estate and the beneficiary, as his separate interest in the res, has no title or estate therein but only a vested right on his part to enforce in equity — as a chose in action — the perfo
- Brennan v. Carroll 111 N.W.2d 229 Minn. 1961
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Brennan v. Carroll
111 N.W.2d 229
Minn. 1961
302.02: “Title to a certificate and to the shares represented thereby can be transferred only: *531 “(1) By delivery of the certificate endorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of shares represented thereby * * In In re Declaration of Trust by Bush, 249 Minn. 36 , 81 N. W. (2d) 615 , 82 N. W. (2d) 221 , this court held that a transfer of stock on the books of a corporation was not sufficient to transfer legal title where the all
- In Re Trust Created by Phillips 90 N.W.2d 522 Minn. 1958
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In Re Trust Created by Phillips
90 N.W.2d 522
Minn. 1958
4 Appellant cites In re Declaration of Trust by Bush, 249 Minn. 36 , 81 N. W. (2d) 615 , 82 N. W. (2d) 221 , in support of his position that a status equivalent to that of a trustee appointed by a written instrument is sufficient to bring himself under § 501.33.