In Re Enger's Will

30 N.W.2d 694 (1948)

Facts

A statute made provision allowing the annual account of a trustee and to give that account from the court proceedings the legal effect of a final judgment. Under these facts, no objections were made to the annual account of this trust, but the proceedings were by default. The beneficiaries wanted to litigate claims against the trustee, but the final order of the annual account stood in their way. The trial court vacated the prior orders in order to let the beneficiaries litigate the claims against self-dealing against the trustee. This appeal resulted.