Minn. Stat. » CHAPTER 501. USES AND TRUSTS
Minnesota Statutes

Minn. Stat. § 501.41 (2026)

[Repealed]

✓ current as of May 2026
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[Repealed, 1989 c 340 art 1 s 77]

Notes of Decisions
Cited in 6 cases, 1944–1968 · leading case: Wertin v. Wertin, 13 N.W.2d 749 (Minn. 1944).
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Wertin v. Wertin, 13 N.W.2d 749 (Minn. 1944). “§ 501.41 (§ 8103), if the surviving trustee dies, “the trust estate shall not descend to his heirs, nor pass to his personal representatives,” but, insofar as the trust estate is then “unexecuted,” it “shall vest in the district court with all the powers and duties of the…”
In Re Trusts Created by Hormel, 163 N.W.2d 844 (Minn. 1968). · cites it 2× “Sections 501.41 and 501.44 provide as follows: “Upon the death of the surviving trustee of an express trust, the trust estate shall not descend to his heirs, nor pass to his personal representatives; but the trust, if then unexecuted, shall vest in the district court with all…”
In Re Trust Created by Phillips, 90 N.W.2d 522 (Minn. 1958). “44 does not stand alone but is the fourth of a series of four consecutive related sections, all dealing with matters involving vacancies in the offices of trustees (§§ 501.41 to 501.44). The original three sections standing in the same sequence and dealing with the same subject…”
State Ex Rel. Flodin v. Dist. Court Fifteenth Jud. Dist., 25 N.W.2d 692 (Minn. 1946). “The fund was a consolidated fund, contributed to by the employes of several different corporations, some of which are still continuing in operation.”
Kirsch v. Kahn, 149 N.W.2d 676 (Minn. 1967). “In addition to the situation where the trust instrument provides that it shall be administered under supervision of the court, the jurisdiction of the court may be invoked by the trustee for his own protection (§ 501.35); where the beneficiary speaks to invoke the court’s…”
First Trust Co. v. Cochrane, 61 N.W.2d 840 (Minn. 1953). “3 In accord with this general rule we hold that § 501.41 has no application to the problem herein.”
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