Minnesota Statutes
Minn. Stat. § 501.33 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1989 c 340 art 1 s 77]
Notes of Decisions
Cited in 15
cases, 1944–1990 · leading case: In Re Trust Created by Phillips, 90 N.W.2d 522 (Minn. 1958).
In Re Trust Created by Phillips, 90 N.W.2d 522 (Minn. 1958). “llant, by virtue of the functions he performed, acquire a status enabling him to invoke the statutory in rem jurisdiction of the district court? He so contends on each of three alternative grounds: (1) First, because he is the equivalent of a person appointed as trustee of an…”
Bush v. Crowther, 81 N.W.2d 615 (Minn. 1957). “There is no merit in the contention that the court’s proceeding is wholly in rem and that, once the trustee has disposed of the trust res, there is nothing to which the court’s jurisdiction can attach.”
In Re Declaration of Trust by Bush, 249 Minn. 36 (Minn. 1957). “Any other rule would defeat the basic purpose of the principle that a trustee is always accountable for his administration of the trust property. 8. There is no merit in the contention that the court's proceeding is wholly in rem and that, once the trustee has disposed of the…”
Kolles v. Ross, 418 N.W.2d 733 (Minn. Ct. App. 1988). “Minn.Stat. § 501.33 (1986) provides in part: Upon petition of any person appointed as trustee * * * the district or county court * * * shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee shall qualify.”
In re the Trust Created by Hill, 728 F. Supp. 564 (D. Minnesota 1990). “The state court’s jurisdiction over a trust generally is not based on any particular trust issue, and removal of a proceeding involving a trust will not eliminate the state court’s jurisdiction over, or responsibility for, the trust property.”
Wertin v. Wertin, 13 N.W.2d 749 (Minn. 1944). “1941, § 501.33 [Mason St. 1940 Supp. § 8100-11]), which provides: “Upon petition of any person appointed as trustee of an express trust by any will * * * the district court * * * shall consider the application to ■ confirm the appointment of the trustee and specify *55 the…”
Kirsch v. Kahn, 149 N.W.2d 676 (Minn. 1967). “504, which relates to qualification of trustee by a court of competent jurisdiction prior to the discharge of the representative in probate court, and § 501.33, which makes provision for confirmation of appointment of trustee in the district court.”
Matter of Florance, 343 N.W.2d 297 (Minn. Ct. App. 1984). “The trial court held the amendment was not effective, the appellants were not trustees, and therefore the Minnesota Court had no jurisdiction under Minn.Stat. § 501.33 (1982). Patricia Florance and Frank Gaertner appealed.”
Matter of Florance, 360 N.W.2d 626 (Minn. 1985). “" Minn.Stat. § 501.33 (1982). The parties agree that under this statute the Hennepin County District Court has in rem jurisdiction if Mr.”
In Re Trust B Created Under the Last Will & Testament of Cary, 313 N.W.2d 625 (Minn. 1981). “After the entry of an order terminating the court’s jurisdiction of the trust as a proceeding in rem, the requirements set forth in section 501.”
Florance v. Mercantile Nat'l Bank at Dallas, 343 N.W.2d 297 (Minn. Ct. App. 1984). “The trial court held the amendment was not effective, the appellants were not trustees, and therefore the Minnesota Court had no jurisdiction under Minn.Stat. § 501.33 (1982). Patricia Florance and Frank Gaert-ner appealed.”
Hartzell v. Schuster, 100 N.W.2d 513 (Minn. 1959). “The appointment of the trustees of the trusts under consideration had been duly confirmed pursuant to § 501.33 by various orders in 1941 and *593 1943, and since those dates the respondent trustees have complied with § 501.”
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